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United States v. Faine

United States District Court, C.D. Illinois, Springfield Division

July 21, 2017

UNITED STATES, Plaintiff,
v.
RECO L. FAINE, Defendant.

          ORDER

          SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on Defendant Reco Faine's Motion to Terminate Supervised Release (d/e [35]). Defendant requests that the Court terminate his supervised release one year early. For the reasons stated below, Defendant's motion is DENIED.

         I. BACKGROUND

         On October 11, 2000, a criminal complaint was filed against Defendant charging him with distribution of cocaine base (crack) in violation of 21 U.S.C. § 841(a)(1). On November 2, 2000, a single-count indictment was filed against Defendant charging him with the same offense. On April 9, 2001, Defendant pled guilty to the offense. Defendant was held accountable for 191.1 grams of cocaine base (crack). On October 12, 2001, Defendant was sentenced to 168 months' imprisonment and 8 years of supervised release. On April 2, 2008, the Court granted Defendant's motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2). Defendant's sentence was reduced to 135 months' imprisonment. His 8-year term of supervised release remained in effect.

         Defendant's term of supervised release began on March 30, 2010. On April 20, 2016, Defendant's Probation Officer filed a Request for Modifying the Conditions or Term of Supervision. (d/e [29]). The petition sought to enroll Defendant in a cognitive based therapy (CBT) program due to Defendant's habitual non-compliance with the terms of his supervision. The petition asserted that since August 2012, Defendant had failed to submit numerous monthly income verification and supervision reports and had been late in submitting others. The petition also stated that Defendant had failed to report as directed for scheduled office visits on four occasions. The Court held three hearings on the request to modify Defendant's conditions. At each hearing, the Court admonished Defendant to submit all required reports including verification of income to his Probation Officer. The Court denied the petition to modify Defendant's conditions upon Defendant's compliance with the Court's oral orders.

         On February 6, 2017, Defendant filed a Motion for Early Termination of Supervised Release (d/e [31]). On March 3, 2017, Defendant filed two substantially identical motions to the February request for early termination (d/e [32], [33]). Defendant asserted that he opened a car lot in June 2012 that generates $40, 000 per month in Illinois state sales tax, $10, 000 per month in Springfield city tax, and $5, 000 per month in Secretary of State (SOS) fees. Defendant also stated that he is building a home and plans to open a service facility for his dealership. Defendant claimed that he is unable to obtain life insurance as a result of being on supervised release, and he noted the importance of life insurance to him, his wife, and his three-year-old son.

         On April 20, 2017, the Court denied Defendant's motions because they contained no factual support of his assertions regarding his business, home, or denial of life insurance. Nor did the motions contain any other basis on which the Court could consider the relevant § 3553(a) factors. The Court allowed Defendant to refile his motion with evidence of his business's income, inability to obtain life insurance, or other circumstances that Defendant believes justify early termination of his supervised release.

         On May 8, 2017, Defendant filed another Motion to Terminate Supervised Release (d/e [35]). Attached to the motion are documents concerning Defendant's life insurance, daily transaction reports for Faines Auto Sales, Faines Auto Sales' April 2017 Business Checking Account Statement, flyers announcing the availability for lease of a plot of land at 1701-1709 Dirksen Parkway, and a job proposal from Moughan Builders Inc. for the construction of a ranch to be built in Prairie Lake Estates.

         II. LEGAL STANDARD

         Pursuant to 18 U.S.C. § 3583, the Court may grant early termination of supervised release at any time after the expiration of one year if, after considering certain factors set forth in 18 U.S.C. § 3553, the court finds 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 that must be considered are:

. the nature and circumstances of the offense and the characteristics of the defendant (18 U.S.C. § 3553 (a)(1));
. the need for the sentence imposed to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B));
. the need for the sentence imposed to protect the public from further crimes of the defendant (18 U.S.C. § 3553 (a)(2)(C));
. the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner (18 ...

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