Opinion
Cr. No. 4:95-07-CMC
07-19-2017
United States of America, v. Kenneth Hanna, Defendant.
Opinion and Order
This matter is before the court on Defendant's motion requesting termination of supervised release. ECF No. 103. The United States Probation Office has notified this court that it is opposed to the termination of Defendant's supervised release at this time; the United States Attorney concurs with the position of the United States Probation Office.
Title 18 United States Code Section 3583(e) provides that
The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)--
(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice . . . .
Considerations contained in § 3553 include, inter alia, the nature and circumstances of the offense and the history and characteristics of the defendant; the ability to afford adequate deterrence to criminal conduct; the need to protect the public from further crimes of the defendant; and the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. 18 U.S.C. § 3553.
"The plain language of the statute illustrates that § 3583(e), in the typical case, allows a conduct-based inquiry into the continued necessity for supervision after the individual has served one full year on supervised release." United States v. Pregent, 190 F.3d 279, 282-83 (4th Cir. 1999). However, the statute
is not exclusively limited to considerations of conduct. The language of the statute notes that the district court 'may' terminate supervised release 'if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.' The phrase 'the interest of justice' does give the district court latitude to consider a broad range of factors in addition to an individual's behavior in considering whether to terminate the supervised release period.Id. at 283 (citation omitted).
Defendant has completed approximately one year and eight months of his five year term of supervised release. The United States Probation Office has notified the court that Defendant has had no violations to date, is employed, and has housing with his girlfriend. However, Probation recommends that he remain on supervision at the present time as the policy in the Southern District of Florida, where Defendant is being supervised, recommends early termination only for "exceptionally good behavior." Further, the Probation Officer noted she believes the current level of supervision has helped Defendant remain law abiding. The court finds that termination of supervised release is not warranted at this time; however, Defendant may reapply for early termination after he has served half of his supervised release with no violations. Accordingly, the court declines to terminate supervision at this time. Defendant's motion is denied.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge Columbia, South Carolina
July 19, 2017