Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court upon the Defendant's letter, which the Court construes as a motion for early termination of his term of supervised release and a motion for permission to apply for a passport. [Doc. 78]. The Government has advised the Court's chambers that it does not oppose the Defendant's motion. On February 29, 2012, the Defendant was found guilty by a jury of multiple counts of wire fraud and wire fraud conspiracy. He was sente
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court upon the Defendant's letter, which the Court construes as a motion for early termination of his term of supervised release and a motion for permission to apply for a passport. [Doc. 78]. The Government has advised the Court's chambers that it does not oppose the Defendant's motion. On February 29, 2012, the Defendant was found guilty by a jury of multiple counts of wire fraud and wire fraud conspiracy. He was senten..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court upon the Defendant's letter, which the Court construes as a motion for early termination of his term of supervised release and a motion for permission to apply for a passport. [Doc. 78]. The Government has advised the Court's chambers that it does not oppose the Defendant's motion.
On February 29, 2012, the Defendant was found guilty by a jury of multiple counts of wire fraud and wire fraud conspiracy. He was sentenced on December 18, 2013 to a term of 52 months' imprisonment to be followed by three years of supervised release. [Doc. 43]. An Amended Judgment was subsequently entered ordering the Defendant to pay $878,000.00 in restitution. [Doc. 65]. The Defendant commenced his term of supervised release on November 13, 2017.
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 and the interest of justice." 18 U.S.C. § 3564(c). Upon careful consideration of the record, the Court is not satisfied that termination of the Defendant's term of supervised release is warranted at this time. The Defendant has completed a little over half of his term of supervised release. He still has a significant outstanding restitution obligation. Therefore, barring extraordinary circumstances, the Court would not terminate supervision at such an early stage.1 Accordingly, the Court declines to exercise its discretion to terminate the Defendant's term of supervised release at this time. The Court will, however, give the Defendant permission to apply for a new passport. If and when the Defendant obtains a new passport, he may then request permission from his supervising probation officer and this Court to travel.
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's letter [Doc. 78], which the Court construes as a motion for early termination of the term of supervised release, is DENIED. The Defendant's term of supervised release shall continue as originally sentenced.
IT IS FURTHER ORDERED that the Defendant's request for permission to apply for a passport [Doc. 78] is GRANTED.
The Clerk is directed to serve a copy of this Order on the Defendant, counsel for the Government, and the United States Probation Office for the Northern District of Georgia.
IT IS SO ORDERED.
