MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE
JOHN A. MENDEZ, District Judge.
I. INTRODUCTION
Mr. Reed hereby moves the Court to terminate his term of supervised release pursuant to 18 U.S.C. § 3583(e)(1). The thirty-six month term of supervised release began on July 29, 2016. Mr. Reed has completed over twenty-eight months of his supervisory term. His Probation Officer, Karen Lucero, has reviewed this motion and has indicated to defense counsel that she does not object. The Government has reviewed a draft of this motion and indicated that it plans to file a non-opposition memorandum. Accordingly, no hearing has been requested.
II. APPLICABLE LAW
Title 18, section 3583(e)(1) of the United States Code authorizes the Court to terminate a defendant's term of supervised release at any time after the expiration of one year of supervision if the Court is "satisfied that such action is warranted by the conduct of the defendant released and the interest of justice."
Section 3583(e) directs the Court to consider the purposes of sentencing set forth in 18 U.S.C. § 3553(a)(1) (nature and circumstances of offense, and history and circumstances of defendant); 3553(a)(2)(b)(adequate deterrence to criminal conduct); 3553(a)(2)(C) (protect public from further crimes of defendant); (a)(2)(D)(provide needed training, care, or treatment); (a)(4) (kinds of sentence available); (a)(5) (policy statements); (a)(6) (avoid unwarranted disparities); and (a)(7) (restitution).
Pursuant to the Guide to Judiciary Policy, there is a presumption in favor of recommending early termination for supervisees after the first eighteen months if they are not "career violent and/or drug offenders, sex offenders, or terrorists," if they "present no identified risk to the public or victims," and if they are "free from any moderate or high severity violations." Guide to Judiciary Policy, Vol. 8E, Ch. 3 § 380.10(g), "Early Termination" (Monograph 109) (rev'd 2010).
On February 16, 2012, the Honorable Robert Holmes Bell, Chair of the Committee on Criminal Law of the Judicial Conference, issued a memorandum to all United States District Court Judges encouraging them to grant early termination of supervised release in appropriate cases as an effort to reduce expenditures in the probation and pretrial services programs. Terminating "appropriate cases before they reach their full term saves resources and allows officers to focus on offenders who continue to pose the greatest risk of recidivism." Judge Bell's memorandum notes that supervision costs approximately $3,938 per year per case. Analysis by the Administrative Office of the Courts indicates that offenders who received early termination were "arrested less often, for less serious charges, and were sentenced to terms of imprisonment less often." Accordingly, "[f]rom a policy standpoint, it appears that the above criteria, when properly applied, does not jeopardize public safety." Id.
III. MR. REED SATISFIES ALL THE CRITERIA FOR EARLY TERMINATION
Mr. Reed satisfies all factors set forth for early termination. As of early December, Mr. Reed has completed twenty-eight months of his thirty-six month term of supervision and does not require any programming or treatment. Mr. Reed emails a written report once a month to the Probation Officer, but requires no services. Mr. Reed has been fully compliant with all the standard and special conditions of supervision. Mr. Reed has also passed all his drug tests. He has forged a strong relationship with his Probation Officer, Karen Lucero, who supports this motion.
Mr. Reed pled guilty to Conspiracy to Commit Mail Fraud on March 24, 2015. Mr. Reed was sentenced on August 4, 2015 to a term of one year and one day in custody, and a supervised release term of 36 months. Mr. Reed has fully complied with all requirements of supervised release. Since his release, Mr. Reed has demonstrated that he is more than capable of living a law-abiding life and being a productive member of society, and that further supervised release is not necessary to protect the public.
Mr. Reed is a self-motivated and determined individual. Mr. Reed had just completed his junior year at the University of California, Davis ("UC Davis") when he was sentenced in August 2015. However, before entering his final year, Mr. Reed withdrew from school to serve time in custody. Immediately upon his release from custody in July of 2016, Mr. Reed was adamant about finishing college and receiving a bachelor's degree. Within only two months of being released, he reapplied and reenrolled at UC Davis for the 2016-2017 academic school year. (Exh. A [Transcripts].) Because of his unwavering determination, Mr. Reed graduated with a bachelor's degree in sociology in July 2017. Id.
Since graduating, Mr. Reed has maintained stable and gainful employment at The NorthFace retail store in Vacaville, California. Mr. Reed began working at The NorthFace about one year ago as a seasonal employee. Throughout his time at The NorthFace, Mr. Reed has demonstrated that he is a "model employee" by "consistently showing up early for every shift, working hard at whatever is asked of him and being extremely flexible . . ." (Exh. B [Reference Letter].) In addition, Mr. Reed has demonstrated that he is an exemplary leader as he "encourages the people around him to work harder through his incredible work ethic and ever-positive-attitude." Id. Shortly after Mr. Reed began with the company, he was promoted to hold a temporary keyholder position, and as such, was entrusted with opening and closing the store as well as other managerial tasks. Because of Mr. Reed's "hard work and influential character traits," Mr. Reed was promoted again, this time, to be a stock supervisor. Id. Mr. Reed's supervisor has noted that he has "no doubts that [Mr. Reed] will succeed and excel as he has done . . ." Id.
In addition to Mr. Reed's notable work performance, he also plans to return to school to obtain a master's degree and aspires to become a social worker. Mr. Reed grew up without a stable home and with minimal family support. See Amended Sentencing Memorandum, docket no. 208 at p. 3. He never met his father and was abandoned by his mother who was addicted to drugs. After his grandmother passed away when he was about six years old, Mr. Reed lived in an abusive environment with his uncle and was left without the emotional support, care, and life skills that he needed growing up. Motivated by his upbringing, Mr. Reed would like to work closely with troubled youth and provide them with the help and resources that he never received as a child. He would like to positively influence children's lives by teaching them about self-worth, how to live an emotionally healthy life, and by encouraging them to attend college.
Mr. Reed has demonstrated that he is capable of living a law abiding life. He has complied with all the requirements of his supervised release according to the probation officer. Mr. Reed has achieved success in college, is a hardworking and valued employee, and has become financially self-sufficient. Mr. Reed has fully reintegrated into the community and does not need supervised release to provide him with any educational or vocational training, medical care, or any other correctional treatment.
Mr. Reed satisfies every factor for consideration in 18 U.S.C. § 3583(e). Given Mr. Reed's commendable rehabilitative efforts, outstanding performance on supervised release, and the support of the Probation Office for this motion, he respectfully requests that the Court order that his term of supervision be terminated under 18 U.S.C. § 3583(e). The Government has indicated that it will not oppose. Should the Court feel that a hearing is unnecessary, a proposed order is attached.
[Proposed] ORDER
Pursuant to 18 U.S.C §3583(e)(1), the Court hereby TERMINATES the term of supervised release imposed in this case and discharges DAVID REED for the reasons set forth above.
