Opinion
03 Cr. 955 (JGK).
August 11, 2011
MEMORANDUM OPINION AND ORDER
The defendant moves for an early termination of his probation. The defendant was sentenced to a term of five years' probation, and has served about half of that term. The defendant argues that he has complied with the conditions of his probation and that he has spent considerable efforts on philanthropic endeavors. His reporting requirements have been eased and the Probation Department does not oppose the request, although the Government does oppose the request.
The original sentence was determined after carefully considering all of the relevant factors for sentencing and represented a substantial reduction from the advisory Guideline sentence and from the Probation Department recommendation. There is nothing to suggest that the original sentence was in any way inappropriate. Moreover, there is nothing in the defendant's subsequent compliance with the conditions of probation that demonstrate exceptional circumstances that would support a reduction in the length of probation. See United States v. Lussiter, 104 F.3d 32, 36 (2d Cir. 1997). The defendant does not explain how the requirements of probation interfere with his philanthropic efforts and, if they did, the defendant could seek relief from the probation officer and eventually from the Court.
The motion for early termination of probation is denied. This denial is without prejudice to any subsequent application for a termination of probation after a more substantial period of probation has elapsed.
SO ORDERED.