United States District Court, E.D. Louisiana
ORDER AND REASONS
S. VANCE UNITED STATES DISTRICT JUDGE.
Colburn Baggett moves for early termination of supervised
release. For the following reasons, the Court
grants the motion.
April 18, 2007, defendant was convicted of possession with
intent to distribute five kilograms of cocaine
hydrochloride. He was sentenced to ten years imprisonment
and a five-year term of supervised release.Defendant's
term of supervised release began on January 16, 2015, when he
was released from prison. Defendant now moves to terminate
supervision. The Government opposes the motion.
may “terminate a term of supervised release and
discharge the defendant released at any time after the
expiration of one year of supervised release . . . if it is
satisfied that such action is warranted by the conduct of the
defendant released and the interest of justice.” 18
U.S.C. § 3583(e)(1). Before doing so, the court must
consider the factors set forth in 18 U.S.C. § 3553(a).
See Id. § 3583(e). Among the factors a court
must weigh are the nature of the offense, the history and
characteristics of the defendant, the need for the sentence
to deter criminal activity, the need to protect the public,
the need to provide the defendant with educational or
vocational training, and the kinds of sentences and
sentencing ranges available. Id. § 3553(a).
Section 3583(e)(1) provides courts with broad discretion in
determining whether to terminate supervised release. See
United States v. Jeanes, 150 F.3d 483, 484 (5th Cir.
support of his motion, defendant asserts that he has complied
with all conditions of supervised release. He states that he
has been employed as a truck driver since his release from
imprisonment. Because of his supervision, he explains,
he has been denied the opportunity to travel and has been
denied entry in certain restricted facilities. Defendant's
probation officer supports the early termination of his
opposition to defendant's motion, the Government notes
that compliance with the conditions of supervised release
does not, in and of itself, support early
termination. See Karacsonyi v. United States,
152 F.3d 918 (2d Cir. 1998) (unpublished table decision)
(“Full compliance, after all, is merely what is
expected of all people serving terms of supervised
release.”). The Government also notes that defendant
has a prior conviction for a felony drug
offense. If the Government had filed a bill of
information under 21 U.S.C. § 851 establishing this
prior conviction, the defendant's minimum term of
supervised release would have been ten years. See 21
U.S.C. § 841(b)(1)(A). The Government nevertheless
states that it would reconsider its position if defendant
offered evidence showing significant hardships that cannot be
adequately addressed by other means.
considering the factors set forth in 18 U.S.C. §
3553(a), the Court finds that early termination is warranted
by the defendant's conduct and the interest of justice.
Defendant's counsel represents that denial of the
opportunity to travel and denial of entry into restricted
areas imposes a significant hardship on defendant by impeding
his ability to work as a truck driver. This hardship goes
against the purpose of supervised release, which is “to
assist individuals in their transition to community
life.” United States v. Johnson, 529 U.S. 53,
59 (2000); see also United States v. Landry, No.
96-97, 1999 WL 605476, at *1 (E.D. La. Aug. 11, 1999)
(terminating supervised release to permit defendant “to
continue his rehabilitation by returning to his previous
employment and possibly earning a higher income from
legitimate, noncriminal activity”). Moreover, defendant
has complied with the conditions of his supervised release
for over three years, and his probation officer supports
early termination. Although defendant's prior felony drug
conviction weighs against termination of supervised release,
the Court finds that this conviction is outweighed by
defendant's compliance and the hardships imposed by
supervision on defendant's ability to work.
foregoing reasons, defendant's motion for early