U.S. v. Joyner, 5:09-CR-159-BO. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180913h78
Visitors: 15
Filed: Sep. 07, 2018
Latest Update: Sep. 07, 2018
Summary: ORDER TERRENCE W. BOYLE , District Judge . This cause comes before the Court on defendant's motion for early termination of supervised release and to have his sentence run concurrently. [DE 59]. At the time defendant filed the instant motion he was serving a state sentence of thirty-five to fifty-eight months, see [DE 61], and defendant requested that his term of supervised release be permitted to run while serving his state sentence, or alternatively that any supervised release revocatio
Summary: ORDER TERRENCE W. BOYLE , District Judge . This cause comes before the Court on defendant's motion for early termination of supervised release and to have his sentence run concurrently. [DE 59]. At the time defendant filed the instant motion he was serving a state sentence of thirty-five to fifty-eight months, see [DE 61], and defendant requested that his term of supervised release be permitted to run while serving his state sentence, or alternatively that any supervised release revocation..
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ORDER
TERRENCE W. BOYLE, District Judge.
This cause comes before the Court on defendant's motion for early termination of supervised release and to have his sentence run concurrently. [DE 59]. At the time defendant filed the instant motion he was serving a state sentence of thirty-five to fifty-eight months, see [DE 61], and defendant requested that his term of supervised release be permitted to run while serving his state sentence, or alternatively that any supervised release revocation sentence be imposed concurrent to his state sentence.
At the outset, the Court notes that defendant is not entitled to the relief he seeks in his motion. See 18 U.S.C. § 3624(e) (supervised release term does not run during period of imprisonment for federal, state, or local crime unless imprisonment is for less than thirty days); U.S.S.G. § 7B1.3(f) (term of imprisonment for supervised release revocation shall be imposed consecutive to term of imprisonment defendant is serving). However, on June 20, 2018, while the instant motion was pending, the Court granted a motion for revocation of defendant's term of supervised release, [DE 70, 71], and the Court imposed a sentence of time served and terminated defendant's period of supervision. Accordingly, the motion for early termination of supervised release [DE 59] is DENIED AS MOOT.
SO ORDERED.
Source: Leagle
