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Case No. 5:02cr31-RH

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 5:02cr31-RH

CALVIN TYRONE JACKSON,

Defendant.

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ORDER SETTING PROCEDURES ON THE MOTION FOR

EARLY TERMINATION OF SUPERVISED RELEASE

The defendant Calvin Tyrone Jackson pleaded guilty and was sentenced. 

The sentence included a term in the Bureau of Prisons followed by an eight-year 

term of supervised release. Mr. Jackson has served his prison term and part of his 

term of supervised release. He has moved for early termination of supervised 

release. 

The eight-year term of supervision was imposed because Congress required 

a minimum term of this length for Mr. Jackson’s offense of conviction. But 

Congress also provided that the required term of supervised release, like any other 

term of supervised release, may be terminated not just in the last year of the term 

but at any time after the first year. See 18 U.S.C. § 3583(e)(1). The termination 

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Case No. 5:02cr31-RH

decision rests with the district court. The court may terminate supervision “if it is 

satisfied that such action is warranted by the conduct of the defendant released and 

the interest of justice.” For a court’s guidance in applying this standard, the 

Judicial Conference of the United States has adopted Monograph 109. 

Sometimes a defendant should serve all or nearly all of a term of supervised 

release. Sometimes—when warranted by the defendant’s conduct and the interest 

of justice—a term should end early. So that early termination may be properly 

considered,

IT IS ORDERED:

1. The probation officer must provide a memorandum to the court (referred 

to in this order as the “fact memorandum”) setting out the date when the 

defendant’s supervised release began and is scheduled to end, addressing the early 

termination criteria in Monograph 109, and setting out any additional information 

the officer deems appropriate. The Monograph 109 analysis may be of any length 

the officer deems appropriate and thus may be as brief as a single sentence setting 

out the probation officer’s overall conclusion for all of the Monograph 109 factors 

together. The officer must provide a copy of the fact memorandum to the parties. 

2. The probation officer may include a recommendation in the fact 

memorandum served on the parties, or the officer may include a recommendation 

in a separate memorandum (referred to in this order as a “recommendation 

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Case No. 5:02cr31-RH

memorandum”) that will not be disclosed to the parties. No action adverse to a 

party will be taken based on factual information included in a recommendation 

memorandum without affording the party an opportunity to respond.

3. The defendant may file a response to the fact memorandum within 14 

days after it is served.

4. The government may file a response to the motion for early termination 

and to the fact memorandum within 14 days after fact memorandum is served.

SO ORDERED on October 16, 2016.

s/Robert L. Hinkle

United States District Judge

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