Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Daniels

United States District Court, S.D. Alabama, Southern Division

July 31, 2017

UNITED STATES OF AMERICA
v.
LINDA M. DANIELS Defendant

          ORDER

          KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant Linda M. Daniels' Motion for Early Termination of Probation (Doc. 42). Upon consideration and for the reasons set forth herein, Defendant Daniels' motion is GRANTED, her probation is terminated, and she is discharged from supervision.

         I. Background

         On September 20, 2012, Daniels pled guilty to one count of mail fraud in violation of 18 U.S.C. § 1341. On June 21, 2013, the Court sentenced Daniels to a five year term of probation. (Doc. 39). Daniels was required to pay restitution in the amount of $28, 500 to the Deepwater Horizon Oil Spill Trust. (Id.) This amount was owed jointly and severally by Daniels and Trecia Howard McGee (13-CR-00017). (Id.).

         Daniels' term of probation began June 21, 2013 and is scheduled to conclude June 20, 2018. (Doc. 41). Daniels' reports that she has fulfilled her restitution obligations and adhered to the conditions of her probation. (Doc. 42). The United States Probation Office has provided the Court with a memorandum agreeing with Daniels' motion for early termination of probation. The United States has no objection to Daniels' request for early termination of probation.

         II. Discussion

         Title 18 U.S.C. § 3564(c) addresses early termination of probation and sets forth, in relevant part, as follows:

(c) Early termination.--The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant . . . at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice.

18 U.S.C. § 3564(c). Defendant has served over four years of her term of probation, thus the one year requirement has been satisfied. The decision to grant early termination of probation is discretionary and will be reviewed for abuse of discretion. See e.g., United States v. Reagan, 162 F. App'x. 912, 914 (11th Cir. 2006). As set forth in Reagan:

Under 18 U.S.C. § 3583(e)(1), after considering the factors set forth in 18 U.S.C. § 3553(a), a court may terminate a term of supervised release in which the defendant has already served at least one year. Before terminating supervised release, the court must be “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). Supervised release was designed to “improve the odds of a successful transition from the prison to liberty.” Johnson, 529 U.S. at 708-09, 120 S.Ct. at 1805 (2000). The goal is, in part, to facilitate training and rehabilitation, including restitution. Id. at 709, 120 S.Ct. at 1805. The statute's requirement that courts examine 18 U.S.C. §§ 3553(a)(1), (a)(2)(B)-(D), and (a)(4)-(7) before terminating supervised release, however, indicates that these were not Congress's only goals; the nature and circumstances of the offense, deterrence, public protection, correctional treatment, the guideline range established for the offense, pertinent government policies, uniformity of sentences among defendants committing the same types of crimes are all also considerations related to supervised release. See 18 U.S.C. §§ 3553(a), 3583(e)(1).

Id. Specifically, the applicable factors for consideration set forth in 18 U.S.C. § 3553(a) include:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.