Opinion
CR07-5346 BHS
09-14-2023
UNITED STATES OF AMERICA, Plaintiff, v. LARRY EDWARD TARRER II, Defendant.
ORDER
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
This matter is before the Court on Defendant Larry Tarrer's Motion for Early Termination of Supervised Release. Dkt. 166. The United States Probation Office filed a response to his motion asserting that, due to his criminal history, it does not recommend early termination of supervised release. Dkt. 169 at 2. The Government additionally opposes early termination because Tarrer has served only one of the four years of supervised release. Dkt. 168.
The Court finds that early termination of Tarrer's supervised release is not appropriate at this time. Part of the calculous in choosing the length of a sentence for imprisonment and supervised release is public safety. The nature of Tarrer's state convictions for murder, attempted murder, and manslaughter, and his federal convictions for conspiracy to distribute MDMA and possession with intent to distribute MDMA, cocaine base, and cocaine require the Court to give primary consideration to public safety. Under these circumstances, Tarrer having served only one of four years of supervised release is insufficient to warrant the early termination of his term of supervision. The Court recognizes, however, that complete compliance with the conditions of supervised release for an extended period demonstrates rehabilitation and warrants consideration of early termination of supervision. The possibility of early termination provides incentive to defendants to do well on supervision. The Court will consider a renewed motion for early termination of supervised release filed on or after August 1, 2024, provided Tarrer continues with complete compliance of his conditions of release.
Accordingly, it is hereby ORDERED that the Motion for Early Termination of Supervised Release, Dkt. 166, is DENIED.