IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 23, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
DONALD AMBURN, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. John A. Mendez
UNOPPOSED MOTION TO TERMINATE PROBATION UNDER 18 U.S.C. § 3583(E)(1)
Defendant, DONALD AMBURN, hereby moves the Court to terminate his term of probation pursuant to 18 U.S.C. § 3583(e)(1). Mr. Amburn was placed on 60 months of probation on February 28, 2008. He has been in full compliance of his terms of probation since then. The probation officer and the government do not oppose this motion.
Title 18, section 3583(e)(1) of the United States Code permits the Court to terminate a defendant's term of probation at any time after the expiration of one year of supervision if the Court is "satisfied that such action is warranted by the conduct of the defendant released and the interest of justice." Mr. Amburn has completed over 18 months of probation as of the date of this motion.
Mr. Amburn's current probation officer, Wendy Reyes, has indicated that Mr. Amburn has completed all of the conditions of his probation. He has satisfied all requirements of probation and owes no restitution or fine. Ms. Reyes has told counsel for the defendant that Mr. Amburn is not using any services through the probation office. Ms. Reyes confirmed with defense counsel that she has no opposition to this motion for early termination of probation.
Defense counsel has provided Assistant United States Attorney Ellen Endrizzi with a draft of this motion. She has authorized defense counsel to state that she does not oppose this motion.
Mr. Amburn is fully compliant with the dictates of probation. He has remained employed and consistently drug tested clean. He seeks to have this Court terminate his supervision so that he can improve his employment opportunities in the future.
As Mr. Amburn has completed all conditions of probation and requires no services from the probation office, he respectfully requests that his probation be terminated. A proposed order is attached for the Court's convenience.
IT IS HEREBY ORDERED that Donald Amburn's term of probation be terminated as of the date of this Order pursuant to 18 U.S.C. § 3583(e)(1).
Hon. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE
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