United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
cause is before the Court on Defendant Reco Faine's
Motion to Terminate Supervised Release (d/e ). Defendant
requests that the Court terminate his supervised release one
year early. For the reasons stated below, Defendant's
motion is DENIED.
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
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
). 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.
February 6, 2017, Defendant filed a Motion for Early
Termination of Supervised Release (d/e ). On March 3,
2017, Defendant filed two substantially identical motions to
the February request for early termination (d/e , ).
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.
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.
8, 2017, Defendant filed another Motion to Terminate
Supervised Release (d/e ). 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.
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
. 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.
. 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