Opinion
2:11-cr-20011-001
01-24-2024
UNITED STATES OF AMERICA PLAINTIFF v. CHRISTIAN JHIOVANNY ZAVALZA DEFENDANT
ORDER
P.K. HOLMES, III., U.S. DISTRICT JUDGE.
Before the Court is Defendant Christian Jhiovanny Zavalza's motion for early termination of supervised release (Doc. 120). Mr. Zavalza is currently serving a 2-year term of supervised release following revocation of his previous term of supervised release, see Doc. 103, which in turn followed his plea of guilty to conspiracy to distribute more than 500 grams of methamphetamine, for which he was sentenced to 135 months of imprisonment, see Doc. 47, p. 1. Mr. Zavalza's current term of supervised release began on June 24, 2022, and is scheduled to expire on June 24, 2024. Mr. Zavalza seeks early termination so he can attend his daughter's quinceanera birthday celebration at her mother's residence in Mexico in March.
Mr. Zavalza's prison sentence was later reduced to 120 months under 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines Amendments 782 and 788. See Doc. 78.
The Court may terminate a term of supervised release at any time after the expiration of one year of supervised release if, after considering the factors enumerated in 18 U.S.C. § 3553(a), “it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.” 18 U.S.C. § 3583(e)(1). A court has discretion to consider a broad range of factors when considering whether to terminate a supervised release period. See United States v. Vasquez, 77 Fed.Appx. 387, 388 (8th Cir. 2003) (citing United States v. Pregent, 190 F.3d 279, 282-83 (4th Cir. 1999)). Mr. Zavalza's probation officer does not oppose early termination, and has confirmed that Mr. Zavalza has remained compliant with his conditions of supervised release. The Government has been advised of the motion and also does not oppose it. The Court has considered the factors in 18 U.S.C. § 3553(a) and finds that Mr. Zavalza's conduct and the interests of justice warrant early termination of his supervised release.
IT IS THEREFORE ORDERED that Mr. Zavalza's motion for early termination of supervised release (Doc. 120) is GRANTED.
IT IS SO ORDERED.