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United States v. Sengthavychith

United States District Court, D. Utah, Central Division

May 26, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JASON SARAYUTH SENGTHAVYCHITH, Defendant.

          MEMORANDUM DECISION AND GRANTING MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

          DAVID NUFFER DISTRICT JUDGE.

         District Judge David Nuffer Defendant Jason Sarayuth Sengthavychith seeks early termination of his supervised release.[1] Because Mr. Sengthavychith's probation officer and the Government do not object, [2]and because the circumstances of Mr. Sengthavychith's conduct and the interests of justice warrant the early termination of his supervised release, Mr. Sengthavychith's Motion[3] is GRANTED.

         BACKGROUND

         On October 29, 2012, Mr. Sengthavychith plead guilty to one count of possession of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1).[4] On February 14, 2013, Mr. Sengthavychith was sentenced to a prison term of 42 months and a 36-month term of supervised release.[5]

         Mr. Sengthavychith served his prison term until May 6, 2016, at which time his term of supervised release began.[6] Prior to initiating supervised release, Mr. Sengthavychith successfully completed six months in the residential reentry center and was approved for home confinement under the United States Bureau of Prisons due to his compliance.[7] Mr. Sengthavychith has competed over one year of his 36-month term of supervised release.[8]

         On May 26, 2017, Mr. Sengthavychith filed a Motion requesting the early termination of his supervised release.[9] Mr. Sengthavychith's probation officer, Tony Maxwell, filed a Report indicating his support of the Motion and that he had reviewed the issue with Assistant United States Attorney David Backman, who indicated that the government does not object to the early termination of Mr. Sengthavychith's supervised release.[10]

         DISCUSSION

         “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 released and the interest of justice[.]”[11]In determining whether early termination of supervised release is warranted, the court must consider the factors set forth in 18 U.S.C. § 3553(a), to the extent they are applicable.[12] These factors include:

• “the nature and circumstances of the offense and the history and characteristics of the defendant;”
• “the need for the sentence imposed … to afford adequate deterrence to criminal conduct;”
• “the need for the sentence imposed … to protect the public from further crimes of the defendant;”
• “the need for the sentence imposed … to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;”
• “the kinds of sentence and the sentencing range established for … the applicable category of offense committed by the applicable category of defendant as ...

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