Opinion
Crim. 18-482-001 (NLH)
12-27-2023
UNITED STATES OF AMERICA v. JOSE QUINONES, Defendant
Jose Quinones, Defendant pro se Patrick Askin, AUSA, Office of the U.S. Attorney, Counsel for the United States
Jose Quinones, Defendant pro se
Patrick Askin, AUSA, Office of the U.S. Attorney, Counsel for the United States
MEMORANDUM OPINION AND ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, this matter having been brought before the court upon Defendant Jose Quinones's (“Quinones or Defendant”) pro se Motion for Early Termination of Supervised Release Term (ECF 52) which the Government has opposed (ECF 54); and
The Government's letter request to file its opposition out of time (ECF 55) is hereby granted nunc pro tunc.
WHEREAS, Defendant was sentenced by this Court on January 10, 2019 to a term of incarceration of thirty-six (36) months to be followed by the statutory minimum term of supervised release of three (3) years, 21 U.S.C. § 841(B)(1)(C), after his guilty plea to a count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 (ECF 48); and
WHEREAS, Defendant's Judgment of Conviction entered on January 14, 2019 (ECF 49) included the mandatory condition that he not commit another local, state, or federal crime while under supervision (ECF 49 at 3); and
WHEREAS, Defendant's term of supervised release commenced on September 2, 2021 (ECF 51); and
WHEREAS, on February 15, 2023, this Court was notified by the United States Probation Office for this District that Defendant had been charged on February 11, 2023 with local offenses in a two-count criminal complaint in Atlantic City Municipal Court after an altercation in a casino (ECF 51) charges which the Government represents remain pending (ECF 54 at p. 1); and
WHEREAS, if found guilty of one or both local charges, Defendant would likely be in violation of the terms of his supervised release, subjecting him to possible revocation or modification of the terms of his supervised release; and
WHEREAS, it would therefore be inappropriate to terminate Defendant's term of supervised release while such charges remain unresolved;
THEREFORE, it is on this 27th day of December, 2023, ORDERED that Defendant's pro se Motion for Early Termination of Supervised Release Term (ECF 52) be, and the same hereby is, DENIED WITHOUT PREJUDICE; and it is further
ORDERED that the Clerk send to Defendant by regular mail a copy of this Memorandum Opinion and Order at the address listed on the docket.
At Camden, New Jersey.