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United States v. Carr

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 13, 2006

UNITED STATES OF AMERICA
v.
JOHN WILLIAM CARR, DEFENDANT.

The opinion of the court was delivered by: Hurley, Senior District Judge

MEMORANDUM AND ORDER

Pending before the Court is an application by defendant John William Carr ("defendant" or "Carr") for an order pursuant to 18 U.S.C. § 3583(e)(1) for early termination of his term for supervised release. The application is opposed by both the Probation Department and the United States Attorney. Defendant was sentenced by me on September 24, 2004, after a plea of guilty to Conspiracy to Transport Stolen Goods in Interstate Commerce, in violation of 18 U.S.C. § 371. He was sentenced to time served, to be followed by a three year term of supervised release.

DISCUSSION

Section 3583(e) provides in pertinent part:

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), (a)(6), and (a)(7)-

(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)(1).)

The Court has reviewed the portions of § 3553(a) referenced in § 3583(e) in conjunction with the application submitted by the defendant. See generally United States v. Lussier, 104 F.3d 32, 34-35 (2d Cir. 1997). Having done so, I decline to grant the relief requested.

Accordingly, it is denied.

SO ORDERED.

DENIS R. HURLEY, U.S.D.J.

20061213

© 1992-2006 VersusLaw Inc.



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