Wouldn't it be great if you could finally put that federal conviction behind you? You have served your prison sentence, and you have performed well on supervision (what we used to call parole), and now it is simply time to move on.
There may be a way. Firstly, due to budget constraints, it has become the policy of the federal courts to grant early discharge to low-risk clients. In a February 26, 2012 memo to all federal judges, the Hon. Robert Holmes Bell, encouraged federal judges to grant early termination from federal supervision where the client has shown:
>Progressive strides toward supervision objectives and in compliance with all conditions of supervision (the existence of an outstanding financial penalty per se does not adversely affect early termination eligibility as long as the offender has been paying in accordance with the payment plan);
>No aggravated role in the offense of conviction, particularly large drug or fraud offenses;
>No history of violence (e.g., sexually assaultive, predatory behavior, or domestic violence);
>No recent arrests or convictions (including unresolved pending charges) or ongoing, uninterrupted patterns of criminal conduct;
>No recent evidence of alcohol or drug abuse;.
>No recent psychiatric episodes;.
>No identifiable risk to the safety of any identifiable victim; and
>No identifiable risk to public safety reflected in the risk assessment.
Where the client meets these requirements, a motion for early termination stands a very good chance of being granted. Under 18 U.S.C. § 3564(c), the court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. Courts have held that in order to justify early termination the conduct of the defendant must include more than simply following the rules of supervision. Otherwise, every defendant who avoided revocation would be eligible for early termination. Instead, termination is generally granted only in cases with a new or unforeseen circumstance, such as where the defendant's conditions unreasonably impede his rehabilitation or where his behavior has been exceptionally good. See, e.g., United States v. Caruso, 241 F.Supp.2d 466, 468-69 (D.N.J.2003); see also United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997); United States v. Medina, 17 F.Supp.2d 245, 246-47 (S.D.N.Y.1998).
If you believe that you are a good candidate for early termination of your federal probation or extended supervision, you may call attorney Jeffrey W. Jensen to discuss it further by dialing 414-671-9484 If you prefer, you may inquire by email to: jeffreywjensen@jensendefense.com
The material on this site is a product of the Law Offices of Jeffrey W. Jensen. Unless otherwise noted it may be used for any legal purpose with attribution.