United States District Court, D. Connecticut
RULING ON MOTION FOR EARLY TERMINATION OF SUPERVISED
A. Bolden United States District Judge.
18 U.S.C. § 3583(e)(1), Defendant Reorn Mark Jones moves
the Court for an early termination of his supervised release.
For the reasons that follow, his motion is GRANTED.
August 31, 1993, after having been found guilty on four
counts of drug-trafficking charges related to a continuing
criminal enterprise in a trial before the Honorable Ellen
Bree Burns, Senior United States District Judge, this Court
sentenced Mr. Jones to 292 months of imprisonment, followed
by a five-year term of supervised release. Mr. Jones has been
in compliance with all terms and conditions of his supervised
release, which is scheduled to terminate in October 2018.
U.S.C. § 3583(e) governs modifications of the conditions
of a term of supervised release. Under this statute, a court
must first consider “the factors set forth in section
3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5),
(a)(6), and (a)(7).” These factors address
“general punishment issues such as deterrence, public
safety, rehabilitation, proportionality, and
consistency.” United States v. Lussier, 104
F.3d 32, 35 (2d Cir.1997). After considering those factors,
the court may “terminate a term of supervised release .
. . if it is satisfied that such action is warranted by the
conduct of the defendant released and the interest of
justice.” 18 U.S.C. § 3583(e)(1). In particular,
“changed circumstances” may “render a
previously imposed term or condition of release either too
harsh or inappropriately tailored to serve the general
punishment goals of section 3553(a).” Lussier,
104 F.3d at 36. “The decision whether to grant early
termination rests within the discretion of the district
court.” United States v. Harris, 689 F.Supp.2d
692, 694 (S.D.N.Y. 2010) (citing Lussier, 104 F.3d
filings submitted in support of this motion, supplemented by
the presentation at the hearing held by this Court, as well
as the responses to the inquiries by the Court, provide a
basis for granting the relief requested.
the Court has considered the “the factors set forth in
section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4),
(a)(5), (a)(6), and (a)(7).” While the national United
States Probation Office policy for early termination
generally requires completion of two-thirds of the term of
supervised release-and Mr. Jones has not reached that mark,
having only completed slightly more than half of his
five-year supervised release term-the United States Probation
Office recognizes that Mr. Jones has made substantial strides
and does not object to this particular termination. Likewise,
while the United States takes no position on Mr. Jones’
release, at the hearing by this Court, the Government
expressed admiration for the steps Mr. Jones has taken in his
life since his incarceration.
reason for their respective positions is not hard to
understand. To his credit, Mr. Jones began rehabilitating
himself while still incarcerated, taking advantage of
vocational opportunities while there by becoming a certified
personal trainer and obtaining a certificate in culinary
arts. See Doc. No. 249, at 5. Upon his release from
prison, Mr. Jones continued to take advantage of vocational
opportunities, having obtained certificates of completion in
two different training programs as well as a certificate of
achievement from the City of New Haven Small Business
Academy. See Id. While on supervised release, Mr.
Jones has been just as committed to working as he has been to
training for employment. He has become a licensed driver and
owns a fully registered and insured vehicle and started his
own business, Sparklez Cleaning, LLC. See Id. By all
accounts, Mr. Jones is not just working, but exceling at the
work he has been doing. As John Massari, the Director of the
Walter Brooks Halfway House in New Haven, Connecticut, said:
I had to terminate his employment in October of 2013. Not
because I wanted to. The program funding source, the CT
Department of Correction required me to. Mr. Jones was and is
still on supervised release, and because of that he was not
eligible to work in this environment. If I had the
opportunity I would re-hire him immediately, he was that
Doc. No. 249-1, at 2.
as this statement suggests, early termination of supervised
release would significantly expand Mr. Jones’
employment opportunities. Consequently, in furtherance of the
various goals of the section 3553 factors, Mr. Jones’
motion for early termination should be granted.
similar as well as related reasons, the factors under 18
U.S.C. § 3583(e)(1), “the conduct of the defendant
released and the interest of justice, ” also warrant
the granting of this motion. Mr. Jones’ efforts at
rehabilitation thus far are laudable, not just because he has
been seeking work, but also because of the type of work he
has been both seeking and doing. He has distinguished himself
as a community service volunteer with several organizations,
helping young people to avoid some of the bad choices he made
in his life. See Doc. No. 249-1, at 12-18. In
addition, Mr. Jones’ employment at the Walter Brooks
Halfway House involved dealing with clients directly released
from incarceration. See Doc. No. 249-1, at 2.
Finally, Mr. Jones has demonstrated an understanding that his
prior criminal life resulted in him missing valuable and
irretrievable time with his now adult son. As he put it,
“I enjoy spending time with my family and friends as I
get a chance to share photos, listen to stories, have dinner
and embrace the love and affection that was missed for quite
some time.” Doc. No. 249, at 4. Hopefully, Mr. Jones
will continue seeking rewarding work and finding the
intangible rewards that come from being actively involved in
the lives of family and friends.
on this record, the interests of justice are best served by
Mr. Jones being allowed to continue to do good work,
contributing his experience and time helping others to better
their lives, as he has been striving to do himself, without
continuing his term of supervised release much longer.
of the foregoing reasons, Mr. Jones’s Motion for Early
Termination of Supervised Release [Doc. No. 249] is GRANTED.
Jones’ term of supervised release term shall end on
June 30, 2016. Mr. Jones should make arrangements to meet
with the United States Probation Office before ...