Opinion
CASE NO.: 2:09-CR-180.
January 12, 2010
ORDER
This matter is before the Court on the Defendant Steven Lindsey's Pro Se Motion to Re-Calculate the Imposed Federal Sentence and/or Terminate the Remaining Sentence of Supervised Release (Doc. 5).
The Court has reviewed Defendant's case and finds that he was released from imprisonment on October 26, 2007. Therefore, Defendant has fully served the term of imprisonment imposed on the underlying charge of aiding and abetting the distribution of more than five grams of a mixture containing cocaine base and any reduction that he would be eligible for is moot.
Defendant also seeks termination of his term of supervised release. However, on December 4, 2009, the Court entered an Order finding that there is probable cause to believe that the Defendant has violated the conditions of his supervised release and a warrant was issued for his arrest. He is due to appear before this Court for a revocation hearing for allegedly violating the following conditions of his supervised release:
(1) The Defendant shall not commit another Federal, state, or local crime and shall not illegally possess a controlled substance. (2) The Defendant shall participate in a program of testing and/or treatment for substance abuse.In light of these allegations of the aforementioned conditions of supervised release and the upcoming revocation hearing, Defendant has not displayed outstanding conduct to justify early termination of supervised release. Accordingly, Defendant's Motion is DENIED.
The Clerk shall remove Document 5 from the Court's pending motion's list.