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United States v. Mcmonegal

United States District Court, Eastern District of California
Jun 30, 2022
1:18-cr-00106-LJO-SKO (E.D. Cal. Jun. 30, 2022)

Opinion

1:18-cr-00106-LJO-SKO

06-30-2022

UNITED STATES OF AMERICA, Plaintiff, v. DANIEL BOYD MCMONEGAL, Defendant.

HEATHER E. WILLIAMS, CA BAR #122664 FEDERAL DEFENDER ERIN SNIDER, CA BAR #304781 ASSISTANT FEDERAL DEFENDER ATTORNEYS FOR DEFENDANT DANIEL BOYD MCMONEGAL


HEATHER E. WILLIAMS, CA BAR #122664 FEDERAL DEFENDER

ERIN SNIDER, CA BAR #304781 ASSISTANT FEDERAL DEFENDER

ATTORNEYS FOR DEFENDANT

DANIEL BOYD MCMONEGAL

UNOPPOSED MOTION FOR EARLY TERMINATION OF PROBATION; ORDER

HON. JENNIFER L. THURSTON JUDGE

Daniel Boyd McMonegal hereby moves this Court for an order terminating probation at this time. Undersigned counsel has conferred with Mr. McMonegal's assigned United States Probation Officer, Chet Bou, as well as with counsel for the government, Assistant United States Attorney Laurel Montoya, and neither probation nor the government is opposed to this request.

Title 18, United States Code, Section 3564(c) grants this Court the power to terminate a term of probation at any time after the expiration of one year on a felony case, 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. § 3564(c); 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 December 2, 2019, United States District Judge Lawrence J. O'Neill sentenced Mr. McMonegal to a five-year term of probation following Mr. McMonegal's guilty plea to conspiracy to distribute a controlled substance. See ECF #31. As condition of probation, Judge O'Neill ordered Mr. McMonegal to complete 1,000 hours of community service. Judge O'Neill also ordered Mr. McMonegal to pay a $5,000 fine. As of the date of this filing, Mr. McMonegal has been on probation for a period of approximately two years and seven months. During that time, he has completed his community-service obligation through volunteer work at the Mariposa Museum of History and he has paid his monetary penalty in full. Mr. McMonegal has not incurred any violations of probation and has remained in compliance with all terms and conditions. He has maintained a steady residence in Oakhurst, California, where he resides with his girlfriend and newborn son. He currently works on his girlfriend's farm. At present, Mr. McMonegal is not receiving counseling or treatment services from probation and he is living a positive, pro-social, and law-abiding life.

On May 24, 2022, Mr. McMonegal's probation officer, Chet Bou, indicated that probation was “not opposed” to early termination of Mr. McMonegal's term of probation in light of Mr. McMonegal's “minimal criminal record and progress,” his completion of the court-ordered community service hours, and his payment of the fine. On June 28, 2022, Assistant United States Attorney Laurel Montoya indicated via email that the government “has no objection” to early termination of Mr. McMonegal's term of probation. This unopposed motion was reviewed and approved by Ms. Montoya and Officer Bou prior to its filing.

Based on the foregoing, the defense submits that early termination of probation is warranted based on the conduct of Mr. McMonegal and is in the interests of justice.

Respectfully submitted, ORDER

Pursuant to 18 U.S.C. § 3564(c), the Court hereby terminates Defendant Daniel Boyd McMonegal's term of probation.

IT IS SO ORDERED.


Summaries of

United States v. Mcmonegal

United States District Court, Eastern District of California
Jun 30, 2022
1:18-cr-00106-LJO-SKO (E.D. Cal. Jun. 30, 2022)
Case details for

United States v. Mcmonegal

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DANIEL BOYD MCMONEGAL, Defendant.

Court:United States District Court, Eastern District of California

Date published: Jun 30, 2022

Citations

1:18-cr-00106-LJO-SKO (E.D. Cal. Jun. 30, 2022)