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United States v. Jepson

November 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CARL JEPSON, DEFENDANT.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

The defendant, through his attorney, DENNIS S. WAKS, Supervising Assistant Federal Defender, respectfully moves this court for an order pursuant to 18 U.S.C. § 3564(c) for early termination of his Supervised Release. As grounds in support of this motion, the defendant states the following:

Mr. Jepson was charged under 18 U.S.C. § 1347, (Health Care Fraud), sentenced to twenty four (24) months of imprisonment and a Term of Supervised Release of thirty six (36) months. Mr. Jepson was also required to pay restitution in the amount of $250,000.00. Mr. Jepson's sentence was subsequently reduced to 12 months and one day.

Section 3583(e) of Title 18, United States Code, provides that the court may "terminate a term of Supervised Release and discharge the defendant released at any time after the expiration of one year of Supervised Release... if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice."

The national policy for the supervision of federal offenders is set forth in Monograph 109, "The Supervision of Federal Offenders" which was revised in March 2003.

The criteria for early termination are as follows:

1. Stable community reintegration (e.g., residence, family, employment);

2. Progressive strides toward supervision objectives and in compliance with all conditions of supervision;

3. No aggravated role in the offense of conviction, particularly large drug or fraud offenses;

4. No history of violence (e.g. sexually assaultive, predatory behavior, or domestic violence);

5. No recent arrests or convictions (including unresolved pending charges);

6. No recent evidence of alcohol or drug abuse;

7. No recent psychiatric episodes;

8. No identifiable risk to the safety of any ...


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