U.S. v. Trans

Full title: UNITED STATES OF AMERICA v. YUTHIEN TRANS, Defendant

Court: United States District Court, S.D. New York

Date published: Oct 23, 2009

06 Cr. 862 (JGK) (S.D.N.Y. Oct. 23, 2009)

Opinion

06 Cr. 862 (JGK).

October 23, 2009

MEMORANDUM OPINION AND ORDER

JOHN KOELTL, District Judge

The defendant moves for an early termination of probation pursuant to 18 U.S.C. § 3564(c). The defendant has completed one year of his term of three years probation and contends that he has complied with all of the conditions of probation and that he should be able to put his offense and the conditions of release behind him.

The statute permits such early termination, after a consideration of the relevant factors set forth in 18 U.S.C. § 3553(a), if the Court is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. The defendant has failed to show that his term of probation should be terminated. The Court imposed a sentence of three years probation that was carefully calibrated to take into account all of the relevant factors in § 3553(a), including deterrence and a sentence that reflected the seriousness of the offense. The sentence did not include imprisonment and was below the advisory Sentencing Guideline Range. The reduced sentence that the defendant now seeks does not reflect an adequate consideration of all of the relevant sentencing factors. While the defendant asserts that he has been complying with all of the conditions of probation, that compliance is to be expected, and is not sufficient to warrant a reduction of the original sentence.

The defendant does indicate that he has been prevented by the conditions of probation from traveling, particularly travel to visit his relatives in Vietnam. However, the defendant has never brought to the Court a dispute about a travel request that has not been granted by the Probation Department. The Court expects that the Probation Department will be reasonable in allowing travel for the defendant, and if there is any issue, the defendant can make an appropriate application to the Court.

The defendant's request for early termination of probation is therefore denied. This denial is of course without prejudice to any subsequent request based on additional information.

The Clerk is directed to close Docket No. 293.

SO ORDERED.