Opinion
CASE NO. 3:08-cr-162
07-01-2014
UNITED STATES OF AMERICA, Plaintiff, v. KENDRA SASSER, Defendant
JUDGE THOMAS M. ROSE
ENTRY AND ORDER DENYING DEFENDANT'S MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE. DOC. 29.
Pending before the Court is Defendant's Motion for Early Termination of Supervised Release. Doc. 29. Defendant believes that by complying with all the requirements and obligations of her supervised release, obtaining full time employment, and completing counseling, termination of her supervised release is warranted. Id. at 1. The Court disagrees.
On March 24, 2010, this Court sentenced Defendant to a term of 20 months in prison followed by five years of supervised release. Doc. 19 at 2-3. On April 14, 2014, Defendant moved for early termination of her supervised release. Doc. 29 at 1.
Supervised release is governed by 18 U.S.C. § 3583, which provides that a court may "terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release . . . if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice." (e)(1). "Early termination is a discretionary decision warranted in cases of changed circumstances, such as where the defendant exhibits 'exceptionally good behavior.'" United States v. Campbell, 2006 U.S. App. LEXIS 32437, 3 (6th Cir. July 25, 2006) (quoting United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997)).
The Court has determined that based on the conduct of the Defendant and in the interest of justice, Defendant's supervised release should not be terminated. Defendant asserts that she has been in compliance with all her requirements and obligations on supervised release. This conduct simply amounts to her meeting the expectations of supervised release, not extraordinary conduct or behavior. The Court acknowledges that Defendant has made several steps in the right direction by participating in treatment, performing well at work, and attempting to decrease her risk to society. However, currently no changed circumstances exist to warrant early termination of Defendant's supervised release, at this time.
Upon reviewing the conduct of Defendant and being mindful of the interest of justice, Defendant's Motion for Early Termination of Supervised Release is DENIED.
DONE and ORDERED in Dayton, Ohio, this Tuesday, July 1, 2014.
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE