Utah Cases February 06, 2024: In re Duran

Case Description

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REPORT ON PERSON UNDER SUPERVISION

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

Date of Original Sentence: December 21, 2005

Original Offense: Ct. 1: Distribution of Methamphetamine; Ct. 2: Possession of a Firearm and Ammunition By a Convicted Felon; Ct. 3: Possession of a Firearm and Ammunition Following a Domestic Violence Conviction; Ct. 4: Possession of Methamphetamine With Intent to Distribute

Original Sentence: 240 Months Custody / 120 Months Supervised Release

Type of Supervision: Supervised Release Current Supervision Began: March 1, 2022

SUPERVISION SUMMARY

Currently, Mr. Duran has completed 23 months of a 120-month term of Supervised Release. Pursuant to 18 U.S.C. § 3583(e)(1), in the case of a felony conviction, the Court may terminate a term of supervised release at any time after the expiration of one year of supervised release. Additionally, the Guide to Judiciary Policy, Volume 8, Part E, Chapter 3, Section 360.20, sets forth general criteria in six categories used to assess whether a statutorily eligible defendant should be recommended to the Court as an appropriate candidate for early termination. Specifically, the Guide reads, (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.

Mr. Duran began his term of supervised release in the District of Utah on March 1, 2022. Since then, he has maintained full-time employment, more recently working at Lowes since June 14, 2023. He has changed jobs three times since his release but has only been unemployed for a week (at most) between jobs. He turns in his pay stubs in a timely manner to verify his ongoing employment.

He has paid all his financial obligations and shown a willingness to follow the conditions set forth by the Court. For example, he has not tested positive for illegal substances and was removed from contracted drug testing as a reward for his compliance, but remains subject to ongoing random drug testing at this officer's direction. He has

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done well in his sobriety and completed substance abuse treatment while on pretrial. There has been no need for substance abuse or mental health treatment at this time.

On January 25, 2024, Assistant U.S. Attorney Vernon Stejskal was provided information regarding the person under supervision's progress on supervised release. He objected to the motion for early termination of supervised release and stated 23 months of a 120-month term is too soon for early termination. He said he would be comfortable reconsidering early termination after 36 months with no violations.

U.S. Probation joins the Government in the above recommendation in agreement that 23 months of a 120-month term of supervised release is too soon despite Mr. Duran's progress. In addition, Mr. Duran maintains his innocence in this case and is still convinced he was framed on the charges he was convicted of. He claims he plans on hiring an attorney to appeal this case because he believes a police officer set him up and framed him. This worrying mindset demonstrates his inability to take accountability for his actions. Aside from this instance of cognitive dissonance, he has been doing well and we will monitor his progress closely to ensure he continues trending in the right direction.

However, if the Court determines Mr. Duran meets the requirements for early termination, please advise and an order will be submitted to the Court for signature.

If the Court desires more information or another course of action, please contact me at 385-414-0564.

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

by David Amador U.S. Probation Officer.