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United States v. Cano

United States District Court, D. New Jersey

July 10, 2018

UNITED STATES OF AMERICA
v.
Jaime Cano

         On December 19, 2014, the above named was sentenced to a term of supervised release for a period of 60 months. The supervised releasee has complied with the rules and regulations and is no longer in need of supervision. It is accordingly recommended that the supervised releasee be discharged from supervised release.

         Respectfully submitted, U.S. Probation Officer Ivettelis Perez

         ORDER OF THE COURT

         Pursuant to the above report, it is ordered mat the supervised releasee be discharged from and that the proceedings in the case be terminated.

         EARLY TERMINATION OF SUPERVISION

         Dear Judge Designate:

         On April 27, 2006, the offender appeared before The Honorable Joseph A. Greenaway Jr., for sentencing on the offense of Conspiracy to Import Heroin and Cocaine. He received a sentence of 130 months of imprisonment followed by a five-year-term of supervised release. The following special conditions were imposed: refrain from the use of alcohol and submit to treatment as directed, refrain from the use of illegal drugs and submit to treatment as directed, provide full disclosure to financial records, participate in mental health treatment, and cooperate with the collection of DNA. The offender commenced his term of supervised release on December 19, 2014, in die Middle District of Florida. His term of supervised release is scheduled to expire on December 18, 2019. Our office is submitting this correspondence in response to the Middle District of Florida's request for early termination of supervision.

         Title 18 United States Code Sections 3564(c) and 3583(e)(1) permit the Court to terminate probation in misdemeanor cases at any time and terms of supervised release or probation in felony cases after the expiration of one year of supervision if satisfied that such action is warranted by the conduct of an offender and is in the interest of justice. Sections 3564(c) and 3583(e)(1) do not require "exceptional conduct" to justify early termination, and instead, direct district courts to consider the factors at 18 U.S.C § 3553(a).

         Additionally, the Judicial Conference endorsed nine criteria to determine if an offender satisfies the minimal statutory factors to be considered for early termination, as follows:

(1) stable community reintegration (e.g., residence, family, employment); (2) progressive strides toward supervision objectives and compliance with all conditions of supervision; (3) no aggravating role in the offense of conviction, particularly large drug or fraud offenses; (4) no history of violence; (5) no recent arrests or convictions; (6) no recent evidence of alcohol or drug abuse; (7) no recent psychiatric episodes; (8) no identifiable risk to the safety of any identifiable victim; and (9) no identifiable risk to public safety.

         In reviewing the offender's background and history of supervision, the offender meets the minimal criteria for early termination. Mr. Cano has maintained a stable residence throughout supervision and recently purchased a home. He has maintained regular employment as a skilled union JQurneyman/wireman electrician and has complied with all conditions of supervision. Mr. Cano completed substance abuse treatment, mental health treatment, moral recognition therapy, and has made progressive strides in becoming a stable member of the community. He has also maintained a motivated attitude towards supervision.

         If Your Honor concurs with this request, enclosed is a Prob 35 Report and Order Terminating Probation/Supervised Release Prior to Original Expiration Date, for your endorsement. If Your Honor disagrees with the request, kindly advise our office. If the Court wishes to discuss this matter, please contact the undersigned officer at 973-476-7167. Thank you.

         Respectfully submitted, WILFREDO TORRES, Chief U.S. Probation Officer

         REQUEST FOR EARLY ...


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