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Jones v. United States

United States District Court, N.D. Mississippi, Aberdeen Division

June 18, 2018

ROBERT JEROME JONES PETITIONER
v.
UNITED STATES OF AMERICA RESPONDENT

          ORDER

          MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE

         This cause comes before the court on Petitioner Robert Jerome Jones's pro se motion [2] to terminate probation. The court has reviewed the motion, along with the relevant law, and is now prepared to rule.

         Procedural History

         On March 10, 1989, the petitioner Robert Jerome Jones was sentenced on three counts: Murder II, Use and Carry of a Firearm in Relation to a Crime of Violence, and Perjury. The sentence, given by the Eastern District of Virginia, was for a total of 260 months imprisonment and 120 months supervised release. The petitioner released to the Northern District of Mississippi and began his term of supervised release on June 16, 2011, with his release scheduled to expire on June 15, 2021. Jones now petitions this court with his pro se Motion to Terminate Probation, to terminate the remaining time of his supervised release.

         Standard

         “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)- 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.” 18 U.S.C. 3583(e)(1).

         The factors mentioned as relevant to modification are as follows:

         (1) “the nature and circumstances of the offense and the history and characteristics of the defendant, ” 18 U.S.C. 3553(a)(1);

         (2) “the need for the sentence imposed to afford adequate deterrence to criminal conduct, ” 18 U.S.C. 3553(a)(2)(B);

         (3) “the need for the sentence imposed to protect the public from further crimes of the defendant, ” 18 U.S.C. 3553(a)(2)(C);

         (4) “the need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner, ” 18 U.S.C. 3553(a)(2)(D);

         (5) “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 guidelines-

(i) issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing ...

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