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UNITED STATES v. MEDINA

August 19, 1998

UNITED STATES OF AMERICA, against CHRISTOBAL MEDINA, Defendant.


The opinion of the court was delivered by: SWEET

MEMORANDUM OPINION

 Sweet, D. J.

 Christobal Medina ("Medina") has moved for an Order, pursuant to 18 U.S.C. § 3583(e), terminating the remaining period of his supervised release. For the reasons set forth below, Medina's conditions for supervised release are modified, and his motion to terminate the supervised release is denied.

 Prior Proceedings and Facts

 Indictment 89 Cr. 0592 was filed in August 1989, and charged Medina in three counts: (1) conspiring to distribute five kilos or more of cocaine in violation of 21 U.S.C. § 846; (2) distribution and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(C); and (3) intent to distribute approximately two kilograms of cocaine within 1,000 feet of a school in violation of 21 U.S.C. §§ 812, 841(a)(1); 841(b)(1)(B); 845(a).

 On April 4, 1990, following a jury trial, Medina was convicted on all three counts. On July 25, 1990, this Court sentenced Medina to a term of imprisonment of sixty months, to be followed by a term of eight years of supervised release on each of Counts One through Three of the Indictment, to be served concurrently. Medina was also required to submit to periodic drug testing once every sixty days during this period of supervised release.

 The term of supervised release was imposed pursuant to 21 U.S.C. § 845(a) which provided for a term of at least twice any term of supervised release authorized by § 841(b) for a first offense. Since § 841(b)(1)(B) then provided for a term of supervised release of at least four years given the absence of a prior felony drug conviction in the defendant's criminal history, an eight year period of supervised release was the statutory minimum.

 Medina was released from custody on September 15, 1995. By letter dated May 16, 1998, Medina has requested that this Court terminate the remaining five year period of his supervised release term.

 Discussion

 The Court may terminate Medina's period of supervised release if he has served at least one year, if considering several statutory factors as well as the defendant's conduct, it is in the interests of justice, and the government is given notice and an opportunity to be heard. The relevant statute provides:

 
The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6) - (1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, 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) (emphasis added) [hereinafter, the Release Statute]. The factors referenced in the Release Statute which the Court must consider are:

 
(a) (1) the nature and circumstances of the offense and the history and ...

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