United States District Court, D. Utah, Central Division
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR
EARLY TERMINATION OF SUPERVISED RELEASE
A. KIMBALL United States District Judge.
matter is before the court on Defendant Keith Robert
Carlson's Motion for Early Termination of Supervised
Release. On August 25, 2006, Mr. Carlson pleaded guilty to
one count of conspiracy to manufacture 50 grams or more of
methamphetamine, in violation of 21 U.S.C. § 841(a)(1)
and 21 U.S.C. § 846. On November 6, 2006, the court
sentenced Mr. Carlson to 120 months of incarceration followed
by a term of supervised release of 60 months.
March 14, 2017, the court received a request from Mr. Carlson
for early termination of his supervised release. At that
point, Mr. Carlson had completed approximately 31 months of
his 60-month term of supervised release. In his request, Mr.
Carlson informed the court that Federal Probation is in favor
of early termination of Mr. Carlson's supervised release
and that the United States is not planning to oppose the
18 U.S.C. § 3583(e), a court may terminate a
defendant's term of supervised release early if a
defendant has completed at least one year of supervised
release and if the court is satisfied such action is (1)
“warranted by the conduct of the defendant” and
(2) in “the interest of justice.” 18 U.S.C.
§ 3583(e)(1). To make this determination, the Court must
consider some of the factors set forth in 18 U.S.C. §
3553(a), to the extent applicable. 18 U.S.C. § 3583(e).
The factors a court must consider include:
(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
(2) the need for the sentence imposed -
. . .
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
(D) to provide the defendant with needed educational or
vocational training, medical care, or other correctional
treatment in the most effective manner;
. . .
(4) the kinds of sentence and the sentencing range
(A) the applicable category of offense committed by the
applicable category ...