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U.S. v. Haney, 1:88-cr-00095-MR-DLH-3. (2017)

Court: District Court, W.D. North Carolina Number: infdco20171101e62 Visitors: 13
Filed: Oct. 28, 2017
Latest Update: Oct. 28, 2017
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court upon the Defendant's Motion for Early Termination of Supervised Release [Doc. 10]. On July 5, 1989, the Defendant was found guilty of bank robbery and aiding and abetting the same, in violation of 18 U.S.C. 2113(a) and 2; robbery of a bank insured by F.D.I.C. and aiding and abetting the same, in violation of 18 U.S.C. 2113(b) and 2; armed bank robbery and aiding and abetting the same, in violation of 18 U.S.C.
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ORDER

THIS MATTER is before the Court upon the Defendant's Motion for Early Termination of Supervised Release [Doc. 10].

On July 5, 1989, the Defendant was found guilty of bank robbery and aiding and abetting the same, in violation of 18 U.S.C. § 2113(a) and 2; robbery of a bank insured by F.D.I.C. and aiding and abetting the same, in violation of 18 U.S.C. § 2113(b) and 2; armed bank robbery and aiding and abetting the same, in violation of 18 U.S.C. § 2113(d) and 2. He was sentenced to a term of 322 months' imprisonment, followed by five years of supervised release. [Doc. 1-1: Judgment].

The Defendant commenced his term of supervised release on August 7, 2015. [See 8]. The Defendant now moves the Court to exercise its discretion and terminate his term of supervised release pursuant to 18 U.S.C. § 3583(e)(1). [Doc. 10].

In order to terminate a defendant's term of supervised release, the Court must be "satisfied that such action is warranted by the conduct of the defendant released and the interest of justice." 18 U.S.C. § 3583(e)(1). In the present case, the Defendant has completed approximately 27 months of his 60-month term of supervised release. While the Defendant's compliance with the terms and conditions of supervised release is commendable, the Court is not satisfied that termination is warranted under the circumstances. Accordingly, the Court declines to exercise its discretion to terminate the Defendant's term of supervised release at this time.

Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's Motion for Early Termination of Supervised Release [Doc. 10] is DENIED. The Defendant's term of supervised release shall continue as originally sentenced.

The Clerk is directed to serve a copy of this Order on counsel for the Defendant, counsel for the Government, and the United States Probation Office.

IT IS SO ORDERED.

Source:  Leagle

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