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United States v. Taylor

United States District Court, N.D. Illinois, Western Division

November 27, 2017

United States of America, Plaintiff,
v.
Terry N. Taylor, Defendant.

          Philip G. Reinhard Judge

          ORDER

         For the following reasons, Mr. Taylor's petition to be removed from supervised release [140] is denied at this time. The court is willing to reconsider this issue after a reasonable amount of time has passed and if petitioner continues to make progressive strides toward supervision objectives and continues to be without supervised release violations.

         STATEMENT

         On October 3, 2016, this court resentenced petitioner to time served and he was released from the BOP. See [134]; [135]. On October 13, 2017, petitioner filed a petition to be removed from supervised release. See [140]. In the petition, petitioner notes that he has been on supervised release for over one year and has not committed any violations of the conditions of his supervised release. See Id. On October 27, 2017, the probation office filed a special report on this issue [142]. On November 3, 2017, the government filed a response in opposition to the petition. See [143]. In addition to these materials, the court has reviewed the docket in this case, including petitioner's updated PSR [99] and the supplemental PSR detailing petitioner's history in the BOP. See [130].

         The Seventh Circuit has noted that: “a district court may grant an early termination of a remaining term of supervised release after one year of supervised release has elapsed and after the court considers certain factors in 18 U.S.C. § 3553(a), if the defendant's conduct and the interests of justice so warrant.” United States v. Lowe, 632 F.3d 996, 998 (7th Cir. 2011) (citing 18 U.S.C. § 3583(e)(1)). These factors include:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed--
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(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;
(3) the kinds of sentences available;
(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 ...

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