Opinion
1:14-cr-00114-ADA-BAM
10-26-2022
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL GALLOWAY, Defendant.
Respectfully submitted, HEATHER E. WILLIAMS Federal Defender ERIN SNIDER Assistant Federal Defender Attorney for Defendant MICHAEL GALLOWAY
Respectfully submitted,
HEATHER E. WILLIAMS
Federal Defender
ERIN SNIDER
Assistant Federal Defender
Attorney for Defendant
MICHAEL GALLOWAY
ORDER
HON. ANA DE ALBA, DISTRICT JUDGE
Michael Galloway hereby moves this Court for an order terminating supervised release at this time. Undersigned counsel has conferred with Mr. Galloway's assigned United States Probation Officer, Marissa Frazure, as well as with counsel for the government, Assistant United States Attorney Michael Tierney, and neither probation nor the government is opposed to this request.
Title 18, United States Code, Section 3583(e)(1) grants this Court the power to terminate a term of supervised release at any time after the expiration of one year, pursuant to the provisions of Federal Rule of Criminal Procedure Rule 32.1(c) , provided the Court is satisfied that such action is warranted by the conduct of the defendant and in the interests of justice. See 18 U.S.C. § 3583(e)(1); see also United States v. Ponce, 22 F.4th 1045 (9th Cir. 2022) (clarifying that early termination of supervised release is not just reserved for rare cases involving exceptionally good behavior).
Federal Rule of Criminal Procedure 32.1(c)(1) generally requires “a hearing, at which the person has the right to counsel and an opportunity to make a statement and present any information in mitigation.” However, no hearing is required if the defendant waives the hearing. Fed. R. Crim. P. 32.1(c)(2)(A). Nor is a hearing required if the relief is favorable to the defendant and the government does not object. Fed. R. Crim. P. 32.1(c)(2)(A) and(B). Under both provisions, no hearing is required here.
On April 20, 2020, United States District Judge Dale A. Drozd sentenced Mr. Galloway to time-served (12 months and 25 days), to be followed by 36 months of supervised release. See ECF #211 (Minutes); ECF #213 (Judgment). As conditions of supervised release, Judge Drozd ordered Mr. Galloway to pay a $100 special assessment and a $6,000 fine, as well as pay $18,905 in restitution. As of the date of this filing, Mr. Galloway has been on supervised release for a period of approximately two years and six months. During that time, he has paid his financial obligations in full. He has not incurred any violations of supervised release and has remained in compliance with all terms and conditions. At present, Mr. Galloway is not receiving counseling or treatment services from probation and he is living a positive, pro-social, and lawabiding life.
On September 22, 2022, Mr. Galloway's probation officer, Ronnie Preap, indicated that probation “do[es] not oppose” early termination of Mr. Galloway's term of supervised release in light of Mr. Galloway's “positive adjustment to supervision.” On October 18, 2022, Assistant United States Attorney Michael Tierney indicated via email that the government has “[n]o objection” to early termination of Mr. Galloway's term of supervised release. Defense counsel learned that United States Probation Officer Marissa Frazure assumed supervision over Mr. Galloway on October 24, 2022. On October 26, 2022, Officer Frazure advised that she had met with Mr. Galloway and that she, too, was “in agreement” and did “not have any objections with moving forward with Early Termination.”
Based on the foregoing, the defense submits that early termination of supervised release is warranted based on the conduct of Mr. Galloway and is in the interests of justice.
ORDER
IT IS SO ORDERED. Pursuant to 18 U.S.C. § 3583(e)(1), the Court hereby terminates Defendant Michael Galloway's term of supervised release.
IT IS SO ORDERED.