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1

 Factors to consider are:

(a) (1) the nature and circumstances of the offense and the history and characteristics of the

defendant; 

(2) the need for the sentence imposed - 

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. CASE NO. 4:03-CR-070-SPM

CHRISTINE JOHNSON-BALCOM,

Defendant.

__________________________________/

ORDER DENYING MOTION FOR EARLY TERMINATION

OF SUPERVISED RELEASE

THIS CAUSE comes before the Court upon the “Defendant's Motion for

Early Termination Of Supervised Release” (doc. 40) filed August 3, 2006. In the

motion, Defendant notes her probation officer’s statement that Defendant has

complied with all conditions of her supervision, and also notes that while she has

paid the entire $20,000 in restitution, she still owes $490.73 in interest.

18 U.S.C. § 3583(e) permits a court to terminate probation early based

upon factors considered in § 3553(a)–the very same factors utilized in imposing

sentence.1

 First, there is general agreement that “early termination . . . is a

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(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 in the guidelines issued by the Sentencing Commission pursuant to section 994(a)(1) of title

28, United States Code, and that are in effect on the date the defendant is sentenced; or 

(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy

statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United

States Code; 

(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C.

994(a)(2) that is in effect on the date the defendant is sentenced; 

(6) the need to avoid unwarranted sentence disparities among defendants with similar records

who have been found guilty of similar conduct; and 

(7) the need to provide restitution to any victim of the offense.

decision entrusted to the sound discretion of the District Court and is warranted

only in cases where the defendant demonstrates changed circumstances, such

as exceptionally good behavior.” United States v. Caruso, 241 F. Supp. 2d 466,

468 (D.N.J. 2003)(citing United States v. Atkin, 38 Fed. Appx, 196 (6th Cir.

2002)(citing United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997))).

Second, most courts addressing the issue have held that “compliance with

the terms of supervised release and with the law alone are not enough to warrant

early termination.” Paterno, 2002 WL 1065682, at *2 (citing United States v.

Hardesty, 2002 WL 731705 (D.Kan. Apr. 2, 2002)). In this case, Defendant has

served approximately half of her three-year term of supervised release. Although

she has complied with all terms of her release and made full restitution in the

amount of $20,000.00, she still owes almost $500 in interest. While making full

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restitution is commendable, “that is ultimately what is expected of h[er].” United

States v. Herrera, 1998 WL 684471, at *2 (S.D.N.Y. Sept. 30, 1998). Defendant

has not cited facts sufficient to warrant early termination of her supervised

release. 

Accordingly, it is

ORDERED AND ADJUDGED that the motion for early termination of

supervised release (doc. 40) is hereby denied.

DONE AND ORDERED this eighteenth day of September, 2006.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

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