United States District Court, S.D. New York
August 2, 2005.
UNITED STATES OF AMERICA,
NICHOLAS F. CHAAR, Defendant.
The opinion of the court was delivered by: JOHN KOELTL, District Judge
MEMORANDUM OPINION AND ORDER
The Court has considered the Probation Department
recommendation that the defendant be discharged from Supervised
Release. The Government opposes the application on the grounds
that there is nothing exceptional in the defendant's
circumstances that warrants the early termination.
The Court will sign the Order proposed by the Probation
Department. The Court is satisfied that such action is warranted
by the conduct of the defendant and the interest of justice. See
18 U.S.C. § 3583 (e) (1). The defendant has completed almost half
of his original three year term of supervised release. It is
undisputed that the defendant has complied with all of the
conditions of his supervised release including drug treatment.
The Probation Department concludes that he has reintegrated into
the community and that there is no identifiable risk to either
the public or any identified party. A continued period of
supervised release is unnecessary for deterrence, protection of
the public or to reflect the seriousness of the offense for which
the defendant has already completed a substantial prison term and
nearly half the period of supervised release. In addition, the defendant's personal situation supports the termination of
supervised release. His mother suffers from advanced ovarian
cancer and he is the support for his family. He has opportunities
for work, including the possibility of work in Iraq, which would
be precluded by the continuation of supervised release. Under all
of the circumstances, a termination of supervised release is
warranted by the conduct of the defendant and the interest of
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