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United States v. Sierra-Medrano, 1:03-cr-05237-AWI. (2019)

Court: District Court, E.D. California Number: infdco20190904586 Visitors: 5
Filed: Aug. 30, 2019
Latest Update: Aug. 30, 2019
Summary: UNOPPOSED MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE; EXHIBIT; ORDER ANTHONY W. ISHII , Senior District Judge . The defense moves this Court for an order terminating supervised release for the above named defendant. Defense counsel has conferred with counsel for the government, Assistant United States Attorney Kathleen Servatius, as well as United States Probation Officer Adrian Garcia, and neither has any opposition to this motion. Title 18 U.S.C. 3583(e)(1) grants the court
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UNOPPOSED MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE; EXHIBIT; ORDER

The defense moves this Court for an order terminating supervised release for the above named defendant. Defense counsel has conferred with counsel for the government, Assistant United States Attorney Kathleen Servatius, as well as United States Probation Officer Adrian Garcia, and neither has any opposition to this motion.

Title 18 U.S.C. § 3583(e)(1) grants the court power to terminate a term of supervised release at any time after the expiration of one year of supervised release, pursuant to the provisions of Federal Rule of Criminal Procedure Rule 32.1(c)1, provided the court is satisfied that such action is warranted by the conduct of the defendant and in the interests of justice.

On November 22, 2005, Ms. Sierra-Medrano, after having pled guilty to one count of possession with intent to distribute methamphetamine, was sentenced to 168-months in custody followed by a 60-month term of supervised release. (DKT #185) After a change in the drug quantity sentencing guidelines, pursuant to a stipulation by the parties Ms. Sierra-Medrano was resentenced to 151-months and 60-months of supervised release. (DKT #248) Ms. Sierra-Medrano was released from the Bureau of Prisons on October 30, 2015, and is currently on low-risk supervision.

Having completed approximately four of her five years on supervision with no violations and no dirty drug tests, Ms. Sierra-Medrano has also satisfied her financial obligation on this case. Because Ms. Sierra-Medrano has completed all her requirements of her sentence and due to her good conduct while on supervision for an extended period of time, both the currently assigned probation officer and the AUSA on the case do not oppose the early termination request. See Exh. A.

Based on the foregoing, the defense submits that early termination of supervised release is warranted based on the conduct of Ms. Sierra-Medrano and in the interests of justice.

HEATHER E. WILLIAMS Federal Defender DATED: August 30, 2019 Charles J. Lee CHARLES J. LEE Assistant Federal Defender Attorney for Defendant ROSITA SIERRA-MEDRANO

ORDER

Rosita Sierra-Medrano.is hereby discharged from supervised release, effective immediately, on case 1:03-cr-05237-AWI.

IT IS SO ORDERED.

FootNotes


1. Federal Rule of Criminal Procedure 32.1(c)(1) generally requires "a hearing, at which the person has the right to counsel and an opportunity to make a statement and present any information in mitigation." However, no hearing is required if the defendant waives the hearing. Fed. R. Crim. P. 32.1(c)(2)(A). Nor is a hearing required if the relief is favorable to the defendant and the government does not object. Fed. R. Crim. P. 32.1(c)(2)(A) and(B). Under both provisions, no hearing is required here.
Source:  Leagle

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