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United States v. Labelle

United States District Court, E.D. Michigan, Southern Division

June 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RICHARD LABELLE, Defendant.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

          ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE

         Before the court is Defendant Richard LaBelle's Motion for the Early Termination of his Supervised Release or a Reduction of Conditions. (Dkt. # 83.) The Government filed a response in opposition. (Dkt. # 86) and Defendant filed a reply. (Dkt. # 87.) Having reviewed the briefs, the court concludes a hearing is unnecessary, see E.D. LR7.1(f)(2), and will deny the motion.

         I. BACKGROUND

         Defendant was convicted for possession of child pornography, 18 U.S.C. § 2252A(a)(5)(B), a charge for which he entered a Rule 11 plea agreement. Pursuant to that agreement a second charge of possession of child pornography was dismissed by the Government. The basis for the dismissed charge was Defendant's possession of a video of a “prepubescent girl . . . lying on a bed and engaging in various sexually explicit acts with an adult male . . . [i]ncluding sexual intercourse, [and] penetration.” (Dkt. # 35, Pg. ID # 328.)

         Defendant received a 120-month sentence with eight years of supervision to follow his release from prison. Defendant completed his sentence and was released from custody on January 23, 2016. Having completed approximately two years of his eight year term of supervision, Defendant asks this court to terminate or modify his conditions of supervised release. (Dkt. # 83.)

         II. STANDARD

         The court may terminate or modify the conditions of supervised release under certain circumstances proscribed by statute:

(e) Modification of conditions or revocation.--The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)-
(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;
(2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;

18 U.S.C.A. § 3583(e). The court must consider several factors from 18 U.S.C. § 3553, including whether termination or modification would account for “the nature and circumstances of the offense and the history and characteristics of the defendant, ” “afford adequate deterrence to criminal conduct, ” “protect the public from further crimes of the defendant, ” and/or “provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.” See 18 U.S.C. § 3553(a)(1) & (2).

         III. DISCUSSION

         Defendant asks the court to terminate his supervised release six years early. In the alternative, Defendant requests that the court change his conditions of supervised release. Specifically, he asks the court to relax his computer monitoring requirement, remove the restriction on his use of social media, remove the requirement that he must provide notice and obtain approval prior to attending church services, and discontinue the probation office's monitoring of his job interviews. (Dkt. # 83, Pg. ID 22-23.)

         The Government filed a response opposing termination of Defendant's supervised release. The Government noted that Defendant's behavior was not an isolated incident-Defendant has a prior state conviction for possession of child pornography entered five years before his ...


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