Utah Cases September 13, 2021: In re Ruesga

Case Description

Current Supervision Began: July 17, 2020.

Date of Original Sentence: September 21, 2010.

Honorable Dee Benson, Senior U.S. District Judge.

REPORT ON OFFENDER UNDER SUPERVISION

Robert J. Shelby, Chief United States District Judge.

SUPERVISION SUMMARY

On September 1, 2021, the above-named defendant, filed motion for early termination of supervised release. At the time of the request, he has completed approximately 13 months of supervision.

The Guide to Judiciary Policy, Volume 8, Part E, Chapter 3, Section 360.20, sets forth general criteria in six categories for assessing whether a statutorily eligible defendant should be recommended to the Court as an appropriate candidate for early termination. A copy of this policy is submitted below the report, for the Court's review. Although the defendant has been able to meet the terms of supervised release expiration for completing a year of supervision, he does not meet all areas of general criteria cited in 2 (b) and 3 (c).

2. (b) During the first 18 months of supervision, the appropriateness of early termination must be based on the person's overall progress in meeting supervision objectives, to include having:

1. substantially satisfied the requirements of the court order; and

2. demonstrated a willingness and capability to remain lawful beyond the period of supervision.

3. (c) At 18 months, there is a presumption in favor of recommending early termination for persons who meet the following criteria:

1. The person does not meet the criteria of a career drug offender or career criminal (as described in 28 U.S.C. § 994(h)) or has not committed a sex offense or engaged in terrorism;

2. The person presents no identified risk of harm to the public or victims;

3. The person is free from any court-reported violations over a 12-month period;

4. The person demonstrates the ability to lawfully self-manage beyond the period of supervision;

5. The person is in substantial compliance with all conditions of supervision; and

6. The person engages in appropriate prosocial activities and receives sufficient prosocial support to remain lawful well beyond the period of supervision.

The defendant began his term of supervision on July 17, 2020. He began supervision with full-time employment and a stable residence. He recently became unemployed due to medical issues but also recently obtained his CDL to drive long haul trucks. Once he can overcome his medical issues, he will start the process of getting employed. Over the course of his supervision, he has provided 27 drug tests which all yielded negative results. He is still currently being drug tested. The defendant currently resides in West Valley City, Utah, with his daughter and her two children. The defendant has stayed in constant communication with probation throughout his supervision term. The defendant does not currently owe any monies and has paid off all his special assessment fees.

Although the defendant has maintained substantial compliance on supervision in 13 months his instant offense is concerning. The defendant was previously on supervised release on case number 2:03CR00476, which is also a drug distribution case. While on supervision for the prior distribution case he committed the instant drug offense. Due to the nature of the crimes committed by the defendant, his significant criminal history, and his relatively short time on supervised release, this officer is not supportive of the defendant's motion for early termination of supervised release at this time in light of community protection.

On September 8, 2021, Assistant U.S. Attorney Vernon Stejskal was provided the above information regarding the defendant's progress on supervision, as well as his motion for review. This officer provided the concerns with the defendant criminal history, the instant offense, and his short time on supervised release. Mr. Stejskal was in full agreement with the recommendation. Additionally, this officer and Mr. Stejskal do not oppose reviewing the request for early termination once the defendant has completed half his supervision term.

Based on the information noted above, the U.S. Probation Office respectfully recommends that the defendant's request for early termination of his supervised release be denied at this time.

If the Court desires more information or another course of action requiring preparation of a completed Report and Order Terminating Prior to Original Expiration Date, please contact me at 801-535-2761.

I declare under penalty of perjury that the foregoing is true and correct.

Derrik Marshall U.S. Probation Officer.

THE COURT:

□ Approves the request noted above

[x][x]Denies the request noted above

□ Other

GUIDE TO JUDICIARY POLICY Vol 8, Part E, CH 3 § 360.20 Early Termination

§ 360.20 Early Termination

1. (a) Under 18 U.S.C. §§ 3564(c) and 3583(e)(1), the court may terminate:

1. terms of probation in misdemeanor cases at any time; and

2. terms of supervised release or probation in felony cases after the expiration of one year of supervision, if the court is satisfied that such action is warranted by the conduct of the person under supervision and is in the interest of justice.

( Note: Early termination of parole cases is governed by the U.S. Parole Commission's Rules and Procedures Manual, Section 2.43.)

2. (b) During the first 18 months of supervision, the appropriateness of early termination must be based on the person's overall progress in meeting supervision objectives, to include having:

1. substantially satisfied the requirements of the court order; and

2. demonstrated a willingness and capability to remain lawful beyond the period of supervision.

Note: Officers should not recommend persons for early termination who have an identified higher risk to community safety.

3. (c) At 18 months, there is a presumption in favor of recommending early termination for persons who meet the following criteria:

1. The person does not meet the criteria of a career drug offender or career criminal (as described in 28 U.S.C. § 994(h)) or has not committed a sex offense or engaged in terrorism;

2. The person presents no identified risk of harm to the public or victims;

3. The person is free from any court-reported violations over a 12-month period;

4. The person demonstrates the ability to lawfully self-manage beyond the period of supervision;

5. The person is in substantial compliance with all conditions of supervision; and

6. The person engages in appropriate prosocial activities and receives sufficient prosocial support to remain lawful well beyond the period of supervision.

4. (d) After 18 months, higher risk persons under supervision who have demonstrated a reduction in risk (as demonstrated by a reduction in PCRA level/category) and who are in substantial compliance with the factors set forth above shall be considered for early termination.

5. (e) The existence of an outstanding financial penalty does not adversely affect early termination eligibility, as long as the person under supervision is in compliance with the payment plan for the prior 12 months.

6. (f) Officers should consider early termination for all persons who have been supervised for 12 months under low-risk supervision standards and who otherwise meet the eligibility criteria. At that time, the supervisor should approve, in a chronological record entry, any decision not to petition the court for early termination. The supervisor should then set the timeframe for the next early termination review.