Utah Cases July 31, 2023: In re Storm

Case Description

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Date of Original Sentence: September 30, 2015

Current Supervision Began: June 2, 2022

REPORT ON PERSON UNDER SUPERVISION

Honorable Dale A. Kimball, Senior United States District Judge

Original Offense: Felon in Possession of a Firearm

Original Sentence: 120 Months Imprisonment / 36 Months Supervised Release

Type of Supervision: Supervised Release

SUPERVISION SUMMARY

Mr. Storm was sentenced on September 30, 2015, to 120 months imprisonment and 36 months of supervised release to follow, for Felon in Possession of a Firearm. Mr. Storm released from custody and commenced supervision on June 2, 2022. The defendant has filed a motion for early termination. At this time, Mr. Storm has completed just shy of thirteen (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.

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.

Overall, Mr. Storm has progressed well. He reports as directed, maintains communication with this officer, is employed full-time and resides in a stable residence with his wife and children. Mr. Storm participated in random drug testing from June 2022 through March 2023. Early on, three of the drug tests came back diluted but all other tests have been negative.

Mr. Storm has a lengthy criminal history dating back to 1983, with this case being his second federal indictment. Mr. Storm is also a documented member of a street gang, although it is believed he is no longer active. Mr. Storm has advised this officer that he is “too old” for that lifestyle, and he regrets putting gang life over his family.

On July 25, 2023, contact was made with Assistant United States Attorney, Drew Yeates, who objected to the defendant's request for early termination. Mr. Yeates stated he would consider early release once the defendant had completed at least half of the original 36-month term of supervision.

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Based on Mr. Storm's relatively short time on supervision and his lengthy criminal history, this Probation Officer agrees with Mr. Yeates. Therefore, it is respectfully recommended he remain under supervision at this time to continue with his positive progress.

If the Court is inclined to grant the motion for early termination, the appropriate documentation will be provided to the Court for signature.

If the Court desires more information or another course of action, please contact me at 801-440-6546.

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

Kory Petersen U.S. Probation Officer

THE COURT:

[ ] Approves Early Termination

[X] Denies Early Termination

[ ] Other