United States District Court, D. New Jersey
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
submitted, U.S. Probation Officer Ivettelis Perez
OF THE COURT
to the above report, it is ordered mat the supervised
releasee be discharged from and that the proceedings in the
case be terminated.
TERMINATION OF SUPERVISION
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.
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).
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.
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.
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.
submitted, WILFREDO TORRES, Chief U.S. Probation Officer
FOR EARLY ...