Opinion
Case No. 2-00-139(1).
September 1, 2009
ORDER
This matter is before the Court on Defendant Vernon Kelly's ("Kelly") Motion to Terminate Supervised Release. (Doc. No. 44.) The Government opposes Kelly's request.
On October 20, 2000, Kelly entered a guilty plea to conspiracy to possess with intent to distribute 500 grams or more of cocaine. Following his plea, Kelly was sentenced to a term of imprisonment of 96 months. The Court also ordered Kelly to serve four years of supervised release.
After a defendant has served one full year of supervised release, a court has the power to order early termination of the period of supervised release. 18 U.S.C. § 3583(e)(1). Under 18 U.S.C. § 3583(e)(1):
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 . . . if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice
According to Kelly's motion, he began his supervised release on April 22, 2007. He is therefore potentially eligible for early termination of supervised release. Kelly asserts that he has complied with the rules and regulations of supervised release and no longer is in need of supervision. While the Government is unaware of any violations Kelly may have committed while on supervised release to date, this does not justify termination of this Court's supervision.
Having considered the relevant statutory factors set out in 18 U.S.C. § 3553, the Court concludes that early termination from supervised release is not warranted in this case. Kelly was charged with and convicted of a serious drug offense. The nature of the offense warrants that Kelly fully answer for his criminal behavior by serving the entire period of his supervised release.
In addition, Kelly's criminal history does not support an argument for early termination of supervised release. Kelly has a criminal record dating back to 1987 and continuing through most of his adult life. Moreover, Kelly has numerous drug-related convictions besides the conviction for which he is now on supervised release. In light of his prior record, the odds of recidivism are unfortunately much greater than the odds that he will now be a law abiding citizen. Thus, supervised release is necessary here to both protect the public and to serve as a deterrent to future crimes by the defendant.
Therefore, Kelly's Motion is DENIED.