United States District Court, D. Montana, Great Falls Division
MORRIS, UNITED STATES DISTRICT COURT JUDGE
Jesse James Edwards moved for early termination of his
supervised release on April 15, 2019. (Doc. 198) The
Government opposes the motion. (Doc. 202.) The Court
conducted a hearing on April 23, 2019. (Doc. 203.) The Court
stated that it would terminate early Edwards period of
supervision on June 1, 2019, as long as Edwards remained
compliant with his conditions of supervised release.
pleaded guilty to Possession with Intent to Distribute
Cocaine, in violation of 21 U.S.C. § 841(a)(1), as
charged as Count IV of the Indictment on March 27, 2012.
(Doc. 55.) The Court sentenced Edwards to a term of
imprisonment of 105 months followed by three years of
supervised release. (Docs. 126, 127.) Edwards filed a Motion
for Sentence Reduction pursuant to 18 U.S.C. §
3582(c)(2) on March 19, 2015. (Doc. 159.) The Court granted
Edwards motion and reduced Edwards's sentence from 105
months to 87 months on June 8, 2015. (Doc. 174.) Edwards
began his period of supervision on July 28, 2017. (Doc. 193
United States Probation Office (“USPO”) filed a
Report of Offender Under Supervision on August 8, 2017. (Doc.
191.) The August 8, 2017, report alleged that Edwards had
violated the conditions of his supervision by: (1) refusing
to provide a requested breath sample, (2) being charged with
the offense of disorderly conduct, and (3) consuming alcohol.
Id. 1-2. The Court agreed with USPO's
recommendation that Edwards be allowed to continue his period
of supervision. Id. at 2.
filed a subsequent Report on Offender Under Supervision on
August 29, 2017. (Doc. 193.) The August 29, 2017, report
alleged that Edwards had violated the conditions of his
supervision by: (1) being charged with the offense of
reckless driving, (2) failing to notify his probation officer
that he had been charged with reckless driving, (3) using
methamphetamine, and (4) consuming alcohol. Id. at
1-2. The Court agreed with USPO's recommendation that
Edwards's release be continued and that he attend
outpatient treatment. Id. at 2-3.
filed another Report on Offender Under Supervision on
September 27, 2017. (Doc. 194.) The September 27, 2017,
report alleged that Edwards had violated the conditions of
his supervision by possessing a control substance and by
using methamphetamine. Id. at 1-2. USPO recommended
that Edwards's “release be continued to allow him
[to] attend outpatient treatment and prove to the Court
[that] he can remain in the community without continuing to
accrue violations.” Id. at 2. The Court agreed
with USPO's recommendation. Id.
defendant, who has successfully completed one year of his
supervision, is authorized to move for termination of her
supervised release. 18 U.S.C. §§ 3564(c),
3583(e)(1). The Court has “broad discretion in
determining whether to grant a motion to terminate supervised
release.” United States v. Emmett, 749 F.3d
817, 819 (9th Cir. 2014). The Court may terminate a
defendant's supervision, if after looking at the 18
U.S.C. § 3553(a) factors, the Court finds that
termination is “warranted by the conduct of the
defendant and the interests of justice.” 18 U.S.C.
§ 3564(c); see also 18 U.S.C. §
counsel Tony Gallagher represents that United States
Probation Officer Jessica Heim has stated that Edwards
“is a success story.” (Doc. 199 at 4.) Edwards
has complied with supervision in all aspects since the
September 27, 2017, report. Id. Edwards successfully
has completed treatment with Karen Bauman. Id.
Edwards also has paid in full his child support obligation.
(Docs. 201-1 at 6-8, 201 at 2.) Edwards currently is employed
as a manager at the Golden Corral. Id.
of Edwards notes that Edwards has made great strides since
beginning his period of supervision. (Doc. 201-1 at 2.) His
co-workers and supervisors at the Golden Corral quip that
Edwards is sincere, punctual, dedicated, efficient,
hardworking, and cheerful. (Doc. 201-1 at 1, 3, 4, 5.)
Edwards is also known for having impeccable performance at
work and for being able to make tough decisions on the job.
Id. at 3, 5.
Government opposes Edwards's motion. (Doc. 202.) The
Government highlights Edwards's lengthy criminal history
before he committed the instant offense. Id. at 4-5.
The Government ultimately requests that Edwards remain on
supervised release at the very least until the end of 2019.
Id. at 6.
began his supervision on July 28, 2017. (Doc. 193 at 1.) USPO
filed three reports on offender under supervision filed
within Edwards's first two months of supervised release.
(Docs. 191, 193, 194.) Since those reports Edwards has
complied fully with conditions of supervision. Edwards has
maintained employment, has completed treatment, has fulfilled
his child support obligation, and has since married. The
Court finds that early termination of Edwards's
supervised release serves the interests of justice.
IT IS ORDERED:
Motion for Early Termination of Supervised Release (Doc. 198)
is GRANTED. Edwards ...