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Utah Cases February 06, 2024: In re Ricks

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Court: U.S. District Court — District of Utah
Date: Feb. 6, 2024

Case Description

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Jossie Yissell Ricks

No. 2:18CR00177-001

United States District Court, D. Utah

February 6, 2024

REPORT ON PERSON UNDER SUPERVISION

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

SUPERVISION SUMMARY

C urrently, Ms. Ricks has completed 18 months of a 48-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.

Ms. Ricks began her term of supervised release in the District of Utah on July 11, 2022. Since then, she has been gainfully employed full-time and maintained her sobriety since being released. She completed the RDAP program while in BOP custody and completed aftercare treatment with Alpha Treatment and Counseling while at the halfway house. She has paid off all her financial obligations and has not violated any of the conditions set forth by the Court. Overall, she appears to be progressing in the right direction.

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 18 months of a 48-month term is too soon for early termination. He said he would be comfortable reconsidering early termination after 24 months with no violations.

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U.S. Probation joins the Government in the above recommendation in agreement that 18 months of a 48-month term of supervised release is too soon despite Ms. Ricks' progress. Many individuals who struggle with drug addiction do well on supervised release for an extended period of time before a relapse and keeping her on supervision may be what helps her maintain her sobriety.

However, if the Court determines Ms. Ricks 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.