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United States v. Navarro

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 9, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY L. NAVARRO, DEFENDANT.

DEFENDANT'S UNOPPOSED MOTION TO TERMINATE SUPERVISION PURSUANT TO 18 U.S.C. § 3583(e)(1); ORDER Judge: Hon. Lawrence K. Karlton

TO LAWRENCE G. BROWN, ACTING UNITED STATES ATTORNEY AND PHILLIP TALBERT, ASSISTANT UNITED STATES ATTORNEY, ATTORNEYS FOR THE PLAINTIFF: PLEASE TAKE NOTICE that the defendant, Anthony L. Navarro, through undersigned counsel, hereby moves the Court to terminate supervision pursuant to 18 U.S.C. § 3583(e)(1).

I. FACTS

In 1995, Mr. Navarro was convicted of possession of cocaine and methamphetamine with intent to distribute in violation of 21 U.S.C. § 841. He was released from the Bureau of Prison's custody on November 9, 2005. He has been supervised by the United States Probation Office in the Northern District of California for over three years. His original term of supervision was five years.

On August 22, 2007, United States Probation Officer Mark Unalp of the Northern District of California recommended that Mr. Navarro be terminated from supervision because he met the criteria for early termination. Mr. Unalp reported that Mr. Navarro has worked since his release, paid his special assessment and successfully completed drug aftercare testing. See Exhibit 1. Unscheduled home and employment visits had been conducted and no problems were observed. Id. The Eastern District probation office requested that Mr. Navarro complete three years of supervision prior to termination.

Mr. Navarro has now completed three years of supervision (as of November 8, 2008). His conduct has continued to be excellent and he has had no violations or other problems. He continues to meet the criteria for early termination. Attached are two complimentary letters from employers of Mr. Navarro. See Exhibit 2. Undersigned counsel consulted by telephone with Senior United States Probation Officer John Poglinco in this district, who has no opposition to this request. Counsel for the government, Phillip Talbert, has also been consulted and has no opposition to this request.

II. LAW

18 U.S.C. 3583(e)(1) states that the Court may terminate supervision at any time after one year if the Court is "satisfied that such action is warranted by the conduct of the defendant" and if such action is in the interests of justice. Based on the recommendation of the U.S. Probation Office, Mr. Navarro respectfully requests that supervision be terminated.

CONCLUSION

For the foregoing reasons, the defendant, Anthony L. Navarro, respectfully requests that the term of supervised release be terminated Dated: January 8, 2009

ORDER

Pursuant to 18 U.S.C. § 3583(e), Anthony L. Navarro's term of supervised release is ordered terminated, effective immediately. Early termination is warranted based on the conduct of the releasee and is in the interests of justice.

20090109

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