United States District Court, D. Montana, Great Falls Division
Morris United States District Court Judge
Vernon Marshall James Young has moved for early termination
of his current term of supervised release. (Doc. 314.) The
Government opposes the motion. (Doc. 316.) The Court
conducted a hearing on the motion on June 5, 2018. For the
reasons below, the Court will grant Young's motion.
was charged with Assault Resulting in Serious Bodily Injury,
in violation of 18 U.S.C. § 1153(a), 18 U.S.C. §
113(a)(6), and 18 U.S.C. § 2, and Assault with a
Dangerous Weapon, in violation of 18 U.S.C. § 1153(a),
18 U.S.C. § 113(a)(3), and 18 U.S.C. § 2. (Docs. 1;
93.) A jury convicted Young of Simple Assault as a lesser
included offense of Assault Resulting in Serious Bodily
Injury, and of Assault with a Dangerous Weapon on January 5,
2012. (Doc. 128.) The Court sentenced Young to a total of 51
months of imprisonment, with 36 months of supervised release
to follow. (Doc. 199 at 2-3.)
commenced his first term of supervised release on September
16, 2015. (Doc. 263 at 1.) The Court revoked Young's
supervised release on July 22, 2016, for committing four
violations of his conditions of supervision: (1) failure to
participate in substance abuse testing; (2) use of a
controlled substance; (3) failure to pay restitution; and (4)
failure to pay the special assessment. (Doc. 272 at 1.) The
Court sentenced Young to fifteen days of imprisonment,
followed by 35 months of supervised release. Id. at
2-3. Young's current term of supervised release began on
July 22, 2016. (Doc. 274 at 1.)
initial term of supervised release would have concluded on
September 16, 2018. Young served approximately 10 months of
the initial term before his July 22, 2016 revocation.
Young's current term of supervised release will conclude
on June 22, 2019. Young has served over 22 months of his
current term of supervised release.
law authorizes a defendant to move for early termination of
his term of supervised release after successfully completing
one year if the Court is satisfied that such action remains
“warranted by the conduct of the defendant” and
serves “the interest of justice.” 18 U.S.C.
§ 3583(e)(1). The Court must consider the factors in 18
U.S.C. § 3553(a) when evaluating whether to terminate a
term of supervised release. 18 U.S.C. § 3583(e).
Young addressed the Court in a letter filed in support of his
motion for early termination. (Doc. 315-1 at 8.) Mr. Young
notes that his first year of release “was a little
rough, ” but highlights his employment history, his
completion of substance abuse treatment, and the positive
support that he has received from his past and current
probation officers. Id. Mr. Young believes he has
successfully reintegrated himself into his community.
Young has filed six additional letters in support of his
motion for early termination, from: (1) Mr. Young's
grandmother-in-law, Mary Komeatis; (2) Laura Luna, Mr.
Young's mother-in-law; (3) Priscilla Koop, Mr.
Young's wife; (4) John Mitchell, Mr. Young's
supervisor at the Chippewa Cree Commodity Warehouse; (5)
Ursula Russette, Assistant Director of Chippewa Cree Housing
Authority; and (6) Suzanne F. Lockwood, a Nurse Practitioner
in Psychiatry at Bullhook Community Health Center. (Doc.
315-1 at 1-6.) Mr. Young also provided a Certificate of
Completion from the White Sky Hope Center. Id. at 7.
The letters laud Mr. Young's maturation, dependability,
responsibility, honesty, decision-making, and parenting
skills. These attachments provide substantial support for the
claims made in Mr. Young's own letters.
Court notes that Mr. Young's conduct has resulted in two
Reports of Offender Under Supervision and one Petition to
Revoke. (Docs. 242; 263; 274.) The final Report of Offender
Under Supervision occurred on September 29, 2016, within the
current term of supervised release. (Doc. 274.) The September
29, 2016, Report alleged that Young had committed two
violations of the conditions of his supervised release. (Doc.
274 at 2.) The first violation alleged that Mr. Young
submitted to sweat patch testing that revealed the presence
of marijuana on July 26, 2016. Id. The second
violation alleged that the defendant changed his place of
residence without notifying the United States Probation
Young's apparent compliance since the September 29, 2016,
report, however, the Court deems it appropriate to
shorten-but not immediately terminate-Mr. Young's term of
supervised release. Absent any further violations, Mr.
Young's supervised release will expire on the date that
his originally-imposed term of supervised release would have
expired: September 16, 2018. Though he experienced an
admittedly “rough” transition, the Court commends
Mr. Young for choosing to comply with the conditions of his
federal supervision for nearly two years since his lone
revocation. The originally-imposed term of three years of
supervised release adequately serves the interests of
IT IS ORDERED:
Defendant's Motion for Early Termination of Supervised
Release (Doc. 314) is GRANTED.
Provided that Mr. Young commits no additional violations of
the conditions of his supervision, his term of supervised