Opinion
8:05-cr-401-JDW-TGW
04-26-2023
UNITED STATES OF AMERICA v. ERNEST OLIVER
ORDER
JAMES D. WHITTEMORE, UNITED STATES DISTRICT JUDGE
Before the Court is Defendant's pro se construed motion for early termination of supervised release (Dkt. 315). The United States opposes the motion while acknowledging Defendant's positive progress (Dkt. 318). After careful consideration, Defendant's motion is DENIED without prejudice.
Defendant is a career offender. His original term of supervised release was revoked in January 2021 and he was sentenced to time served and a new 4 year term of supervised release imposed (Dkt. 313). He has been employed since January 2021 and is on a management track. His adjustment to supervision has been good.
Section 3583(e)(1) of Title 18, United States Code, authorizes early termination of supervision if warranted by a defendant's conduct and termination serves the interest of justice. Considering his criminal history, the nature of his underlying federal offense, his supervision history, and the factors in 18 U.S.C. § 3553(a), I find early termination is not warranted at this time. Early termination would not promote respect for the law or deterrence and would not serve the interest of justice.
DONE and ORDERED