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United States v. Matthews

United States District Court, Ninth Circuit

July 30, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ZACHARY MATTHEWS, Defendant.

HEATHER WILLIAMS, Federal Defender, RACHELLE BARBOUR Bar #185395, Assistant Federal Defender, Research and Writing Attorney, Sacramento, California, Attorney for Defendant, ZACHARY MATTHEWS.

UNOPPOSED PETITION TO TERMINATE SUPERVISED RELEASE UNDER 18 U.S.C. § 3583(e)(1); [proposed] ORDER

GARLAND E. BURRELL, Jr., Senior District Judge.

Defendant, ZACHARY MATTHEWS, hereby moves the Court to terminate his term of supervised release pursuant to 18 U.S.C. § 3583(e)(1). The four-year term of supervised release began on April 4, 2010. Mr. Matthews has already completed over three years of that term. Only approximately eight months remain.

Title 18, section 3583(e)(1) of the United States Code authorizes the Court to terminate a defendant's term of supervised release 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." No hearing is requested for this unopposed petition.

Although Mr. Matthews's conviction is from this Court, he is being supervised in the Central District of California where he lives and works. Jurisdiction over his case remains in this court. Prior to filing this petition, defense counsel and Mr. Matthews corresponded with his supervising probation officer to ensure that she would have no opposition to this petition. The officer has indicated that Mr. Matthews is on her low-intensity caseload, is maintaining employment, and staying drug free. She takes "no position" regarding this petition.

Defense counsel has also provided the Probation Office in the this district with a draft of this petition. That office has considered this petition and is in agreement with early termination of Mr. Matthews' supervised release. First Assistant U.S. Attorney Phil Talbert has reviewed this petition and on behalf of the government does not oppose early termination of supervision for the reasons stated herein.

Section 3583(e) directs the Court to consider the purposes of sentencing set forth in 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6) and (a)(7) in deciding whether the terminate a term of supervised release. The Judicial Conference has identified the following criteria to assess eligibility for early termination:

Officers should consider the suitability of early termination for offenders as soon as they statutorily eligible. The general criteria for assessing whether a statutorily eligible offender should be recommended to the court as an appropriate candidate 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), or ongoing, uninterrupted ...

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