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United States v. Rosario

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 19, 2010

UNITED STATES OF AMERICA
v.
ALTAGRACIA ROSARIO ET AL.

The opinion of the court was delivered by: Irenas, Senior District Judge

ORDER DENYING DEFENDANT'S MOTION TO TERMINATE HIS SUPERVISED RELEASE (Docket No. 391)

This matter having appeared before the Court on Defendant Christopher Nix's Motion to Terminate Supervised Release, and it appearing that:

(1) Following Defendant's plea of guilty to the charge of Conspiracy to Produce Fraudulent Identification Documents, on October 16, 2007, this Court sentenced the Defendant to a period of incarceration of 25 months, followed by three years of supervised release.

(2) Defendant presently moves this Court to terminate his supervised release early, alleging that he would like to "start a new life" and move to Florida. (Def's Br. ¶ 3) Defendant has not violated any of the terms of his supervised release.

(3) The Government opposes this motion.

(4) Mere compliance with the terms of supervised release is an insufficient basis for early termination. Defendant has not exhibited changed circumstances warranting early termination, such as exceptionally good behavior. See U.S. v. Caruso, 241 F. Supp.2d. 466, 468 (D.N.J. 2003) (citing United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997).

(5) Further, although Defendant wishes to re-locate, he has not yet requested a transfer to Florida from the Probation Office. Going forward, he may wish to do so.

And for good cause shown,

IT IS on this 19th day of July, 2010, ORDERED THAT:

Defendant's Motion to Terminate Supervised Release is hereby DENIED.

JOSEPH E. IRENAS, S.U.S.D.J.

20100719

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