Opinion
CRIMINAL NO. 4:00-256 (CMC)
04-30-2013
United States of America, v. Ervin John Reaves, Defendant.
ORDER
This matter is before the court on Defendant's letter requesting termination of supervised release. ECF No. 105. The United States Probation Office has notified this court that it leaves it to the court's discretion as to termination; the Government has indicated it concurs with the position of the 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)--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.
(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 . . . .
"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).
Defendant has been on supervised release for almost two of the three-year term ordered at sentencing. Defendant has passed all drug screenings and has been employed. Defendant's request is denied at the current time. If Defendant continues to be compliant with all terms of his supervised release, he is free to again request termination of supervision at the end of June 2013.
IT IS SO ORDERED.
______________________
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
April 30, 2013