IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

 :

v. : Docket #2:05-cr-00043

 :

SOK NOU :

ORDER

AND NOW, this day of , 2017, upon consideration of 

Defendant’s Motion for Early Termination of Supervised Release, and the government response 

thereto, it is hereby ORDERED that said Motion is GRANTED. The defendant’s term of 

supervised release is hereby TERMINATED.

BY THE COURT: 

------------------------------------------------------

UNITED STATES DISTRICT COURT 

Case 2:05-cr-00043-HB Document 42 Filed 07/28/17 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

 :

v. : Docket #2:05-cr-00043

 :

SOK NOU :

DEFENDANT’S MOTION FOR 

EARLY TERMINATION OF SUPERVISED RELEASE

Defendant, Sok Nou (hereinafter “Mr. Nou”), by and through his undersigned counsel, 

respectfully moves the Court to terminate his supervised release pursuant to 18 U.S.C. § 3583(e). 

As grounds, it is averred:

1. On or about December 28, 2004, Mr. Nou pleaded guilty to one count of

POSSESSION WITH INTENT TO DISTRIBUTE COCAINE BASE ("CRACK") in violation of 

21 U.S.C. SEC. 841(a)(1) AND 841(b)(1)(A)(iii) and one count of - POSSESSION WITH 

INTENT TO DISTRIBUTE COCAINE BASE ("CRACK") WITHIN 1,000 FEET OF A 

SCHOOL in violation of 21 U.S.C. SEC. 860(a). 

2. On July 29, 2005, Mr. Nou was sentenced before the Honorable Mary A. 

McLaughlin to a term of 168 months incarceration to be followed by a ten-year period of 

supervised release. Mr. Nou was ordered to pay a $1,500 in fines and a $100 special assessment 

fee.

3. On January 5, 2012, under the sentence reduction pursuant to the 18 USC 

3582(c)(2) Amendment, Mr. Nou was resentenced by the Honorable Mary A. McLaughlin to a 

reduced term of 120 months incarceration, all other conditions to remain.

4. Mr. Nou began supervised release in December 2014.

Case 2:05-cr-00043-HB Document 42 Filed 07/28/17 Page 2 of 4
5. Mr. Nou has had no new arrests or any violations of supervision.

6. Mr. Nou has complied with all court requirements.

7. Mr. Nou would like to pursue a career in real estate and would like to be able to travel.

8. The defense respectfully requests that his supervised release be terminated.

9. The Court has authority to terminate supervision after one year pursuant to 18

U.S.C. § 3583(e)(1), which permits a court to:

“terminate a term of supervised release and discharge the defendant

released at any time after the expiration of one year of supervised

release . . . if it is satisfied that such action is warranted by the

conduct of the defendant released and the interest of justice.”

In making this determination, the court is directed to consider the 

factors set forth in 18 U.S.C. §3553(a), to the extent they are applicable.

10. In light of the sentencing purposes for which the term of supervised release was

imposed, the interests of justice are better served by not requiring Mr. Smart to complete the

remaining term of supervised release imposed on him.

WHEREFORE, for the reasons cited above and in the interests of justice, defendant

Carlo Smart respectfully moves this Court for an order terminating his supervised release.

Respectfully submitted, 

/s/ Robert Gamburg, Esquire 

ROBERT M. GAMBURG, ESQUIRE 

1500 Walnut Street 

22nd Floor 

Philadelphia, PA 19102 

(215) 567-1486 phone

(215) 940-6661 facsimile

Case 2:05-cr-00043-HB Document 42 Filed 07/28/17 Page 3 of 4
CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that on July 28, 2017 a true and correct copy of 

the within motion in the herein matter was served on the following person, via first class mail, 

and/or electronic filing, as follows: 

U.S. Attorney's Office 

615 Chestnut Street, Suite 1250

Philadelphia, PA 19106 

/s/ Robert Gamburg, Esquire 

ROBERT M. GAMBURG, ESQUIRE 

1500 Walnut Street 

22nd Floor 

Philadelphia, PA 19102 

(215) 567-1486 phone

(215) 940-6661 facsimile

Case 2:05-cr-00043-HB Document 42 Filed 07/28/17 Page 4 of 4