Utah Cases November 28, 2022: In re Martinez

Case Description

1

Date of Original Sentence: January 9, 2014.

Honorable Yvonne Gonzalez Rogers, U.S. District Judge

REPORT ON PERSON UNDER SUPERVISION

Honorable Dale A. Kimball, Senior U.S. District Judge.

SUPERVISION SUMMARY

On November 15, 2022, the above-named defendant, filed motion for early termination of supervised release. At the time of the request, he has completed approximately 29 months of his current five-year term of supervision and is thus statutorily eligible for early termination.

The Guide to Judiciary Policy, Volume 8, Part E, Chapter 3, Section 360.20, sets forth general criteria categories for assessing whether a statutorily eligible defendant should be recommended to the Court as an appropriate candidate for early termination, after less than and greater than 18 months. A copy of this policy is submitted below the report, for the Court's review. The defendant meets all areas of general criteria for considering him for early termination with the notable exception of 3(c)2.

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;

2

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.

On June 12, 2020, an Amended Judgment in a Criminal Case was filed dismissing Count 2: Use and Possession of Firearm in Furtherance of a Crime of Violence. The defendant was granted time served and immediately released. The defendant began his term of supervision on June 12, 2020. He began supervision in the District of Utah. His jurisdiction was transferred from the Northern District of California to the District of Utah, on March 2, 2021.

The defendant started supervision with a stable residence. He was able to find employment and worked for over a year before getting into barber school. He has now just recently graduated barber school and is in the process of finding employment. Over the course of his supervision, he had provided 13 drug tests which all yielded negative results except one. On April 14, 2022, the defendant was positive for marijuana but was able to produce a clean drug test a month after. The defendant currently resides in Ogden, Utah, by himself but occasionally has his sons stay with him. 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 29 months and is less likely to re-offend, based off his current risk assessment of Low Moderate, his instant offense is concerning. Due to the nature of the crimes committed by the defendant, and his relatively short time on supervised release, this officer is not supportive of the defendant's motion and is not in favor of early termination of supervised release at this time. After a period of one year, this officer is not opposed to early termination if the defendant has been able to maintain his current compliance.

On November 17, 2022, Assistant U.S. Attorney Michael Thorpe was provided the above information regarding the defendant's progress on supervision, as well as his motion for review. Mr. Thorpe deferred his judgement to U.S. Probation and was in agreement with our recommendation.

If the Court desires more information or another course of action, 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

3

THE COURT:

[] Approves the request noted above

[X] Denies the request noted above "-"j .

[] Other

4

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.