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United States v. Rose

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

December 12, 2019

UNITED STATES OF AMERICA Plaintiff,
v.
D-4, JONATHAN PATRICK ROSE, Defendants.

          ORDER GRANTING MOTION FOR TERMINATION OF SUPERVISED RELEASE

          THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE

         On January 13, 2006, jurors found Defendant, Jonathan Rose, guilty of one count of selling or disposing of a firearm to a person who had been convicted of a crime and one count of being a felon in possession of a firearm. ECF No. 197. He was sentenced by Judge Lawson to 120 months of imprisonment and three years of supervised release. See ECF Nos. 196, 672. Judge Lawson later amended Defendant's supervised release term to allow him to travel through the contiguous 48 states for employment purposes only. ECF No. 663. On November 21, 2019, Defendant filed a motion for early termination of supervised release. On November 22, 2019, the clerk's office reassigned Defendant Rose from Judge Lawson to Judge Ludington. ECF No. 672. The Court directed the Government to respond to Defendant's motion. ECF No. 673.

         I.

         When imposing a sentence, a court may include a term of supervised release after imprisonment. 18 U.S.C. § 3583(a). The court may also later terminate the supervised release. 18 U.S.C. § 3583(e). The statute provides,

(e) The court may, after considering the factors set forth in section 3553(a) . . . .
(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 . . . .

         The factors from 18 U.S.C. 3553(a) that the Court must consider include

(1) history and characteristics of the defendant;
(2) the need for the sentence imposed- . . .
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; . . .
(4) the kinds of sentence and the sentencing range established for-
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the ...

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