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govinfo:USCOURTS-paed-2_08-cr-00610-1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : v. : CRIMINAL NO. 08-610 : SEAN SIMPSON : ORDER-MEMORANDUM AND NOW, this 18th day of June, 2024, upon consid eration of Sean Simpson’s Motion for Early Termination of Superv ised Release (Docket No. 52) and the Government’s response thereto, in which it does not oppose Mr. Simpson’s Motion, IT IS HEREBY ORDERED that the Motion is GRANTED and Mr. Simpson’s term of supervised release is TERMINATED. On May 9, 2012, Mr. Simpson pled guilty pursu ant to a Guilty Plea Agreement to Counts One through Seven of Indictment No. 08-610, all of which charged him with distribution of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). On December 12, 2012, he was sentenced by the Honorable Gene E. K. Pratter to terms of 120 months of impr isonment on each of Counts One through Seven, such terms to be served concurren tly. He was also senten ced to eight years of supervised release. Mr. Simpson was released from federal cust ody and commenced supervised release on November 16, 2018. He has served more than five and one-half years of the eight-year supervised release period. He adjusted well after his release from prison, has fully complied with the terms of his supervised release, and has been a mode l parolee while on supervised release. He is presently 50 years old and ha s been working full time for the same employer since 2018. He resides with his wife in the home that they own. He was re cently reduced to Low 1 supervision, which is electronic supervision. 2 Mr. Simpson has moved for early termination of his supervised release pursuant to 18 U.S. C. § 3583(e), which provides that: The court may, after considering the fact ors 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 releas e and discharge the de fendant 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 satisf ied that such action is warra nted by the conduct of the defendant released and the interest of justice. 18 U.S.C. § 3583(e). “As the indi vidual seeking early te rmination of supervis ed release, [Mr. Simpson] has the burden to show that early termination is warranted.” United States v. Santiago, Crim. A. No. 12-566-1, 2024 WL 2092035, at *3 (E.D. Pa. May 9, 2024) (citing United States v. Mabry, 528 F. Supp. 3d 349, 356 (E.D. Pa. 2021)). Mr. Simpson has completed more than one ye ar of his supervised release and has fully complied with all of the terms of his supervised release. Thus, we consider the relevant § 3553(a) sentencing factors: (1) the nature and circumstances of the offense and the defendant’s history and characteristics; (2) the need to afford adequate deterrence to criminal conduct, protect the public from further crimes of the defendant, and provide him with needed educational or vocational traini ng, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentence and sentencing range established for the defendant’s crimes; (4) pertinent policy statements issued by the United States Sentencing Commission; (5) the need to avoid unwarranted sentence disparities among defendants w ith similar records who have been found guilty of similar conduct; and (6) the need to provide restitution to any victims of the offense. United States v. Melvin, 978 F.3d 49, 52 (3d Cir. 2020) (quoting United States v. Davies, 746 F. App’x 86, 88-89 (3d Cir. 2018)). “After considering these factors, [we] may provide relief only if [we are] satisfied that early te rmination is warranted by the defendant’s c onduct and is in the interest of justice.” Id. (ci ting 18 U.S.C. § 3583(e)(1)). “The expansive phrases ‘conduct of the 3 defendant’ and ‘interest of justice’ make clear that a district cour t enjoys discretion to consider a wide range of circumstances when determining whether to grant early termination.” Id. (quoting United States v. Emmett, 749 F.3d 817, 819 (9th Cir. 2014)). We “are not required to make specific findings of fact with respect to each of these factors; rather, ‘a statement that [we have] considered the statutory factors is sufficient.’” Id. at 52-53 (quoting United States v. Gammarano, 321 F.3d 311, 315-16 (2d Cir. 2003)). We have considered each of the relevant § 3553(a) factors and find that these factors support early termination. We recognize that Mr. Simpson’s offenses were serious and he admits that he was caught up in the “str eet life” prior to his arrest in this case. However, Mr. Simpson has been a law-abiding citizen since his rele ase from imprisonment with a strong record of employment. We have consider ed the letters of support provided by Mr . Simpson’s family members, employment supervisor, and friends. These letters urge us to grant the Motion because, since his release from imprisonment, Mr. Simp son has been a law-abiding citizen, supportive family member, good friend, and good employee, and has a strong support system. The Government does not oppose the Motion. In fa ct, the Government states in its Response that Mr. Simpson has adjusted well to supervised release and been fully compliant, that “[h]e works full time, is married, and owns his own home.” (Resp. at 4.) The Government also states that Mr. Simpson’s “motion, the letters in support of his motion, and the Probation Office’s assessment of the defendant while on supervised release, support the defendant’s motion for early termination.” (Id.) We conclude, based on the Motion, the letter s provided by Mr. Simpson, the Government’s response to the Motion, and our cons ideration of the § 3553(a) factors, “that early termination is warranted by the defendant’s conduct and is in the interest of justice.” Melvin, 978 F.3d at 52 (citing 18 U.S.C. § 3583(e)(1)). Acco rdingly, we grant the Motion and terminate Mr. 4 Simpson’s term of supervised release. B Y T H E C O U R T : /s/ John R. Padova ____________________________ John R. Padova, J.