Page 1 MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

Susan Russell, OSB No. 894518

Assistant Federal Public Defender

101 SW Main Street, Suite 1700

Portland, OR 97204

Tel: (503) 326 2123

Fax: (503) 326-5524

Email: susan_russell@fd.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

v.

DAVID FABOO,

Defendant.

Case No. 3:14-cr-00252-IM

MOTION FOR EARLY

TERMINATION OF

SUPERVISED RELEASE

Pursuant to Federal Rule of Criminal Procedure 32.1(c)(2) and 18 U.S.C. 

§ 3583(e), the defendant, David Faboo, through his attorney, Susan Russell, respectfully 

moves this Court to terminate his supervised release term early. Mr. Faboo’s U.S. 

Probation Officer, Siri Overstreet, has been contacted and responded that the U.S. 

Probation Office cannot provide their position on Mr. Faboo’s Motion for Early 
Page 2 MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

Termination until the motion is filed with the Court. USPO Overstreet did share her 

observations on Mr. Faboo’s progress while on supervision, noting that Mr. Faboo is in 

compliance with the conditions of his supervised release and remains stable in his 

employment and residence. The government was previously represented in this case by

Assistant U.S. Attorney Jane Shoemaker who is no longer with that office. No attorney 

has been re-assigned to this case from the U.S. Attorney’s Office and the government’s 

position on Mr. Faboo’s Motion for Early Termination of Supervised Release is 

unknown.

BACKGROUND

On January 4, 2011, Mr. Faboo was convicted of Enticing Interstate Travel With 

Intent to Engage in Illegal Sexual Act (Class C Felony) in the Eastern District of 

California in Case No. 2:08-cr-00159-LKK. He was sentenced to a prison term of 78

months and 180 months of supervised release. Mr. Faboo’s term of supervised release 

commenced on October 22, 2013. On June 6, 2014, jurisdiction was transferred to the 

District of Oregon. Mr. Faboo’s supervised release term is set to expire on October 21, 

2028.

Mr. Faboo is currently in full compliance with all terms of his supervised release

and his conduct demonstrates that supervision is no longer necessary. He therefore

respectfully requests that the Court terminate his supervised release.
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ANALYSIS

Early Termination Of Supervised Release Is Warranted By The Conduct Of 

Mr. Faboo And The Interest Of Justice.

Section 3583(e) authorizes the Court to terminate a term of supervised release at 

any time after the expiration of one year of supervised release in the case of a felony if 

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

interest of justice.” 18 U.S.C. § 3583(e)(1).

The record in this case establishes that early termination of supervised release is 

warranted. Mr. Faboo is in full compliance with all conditions of supervised release and 

he continues to make progressive strides towards his supervision objectives. Mr. Faboo

has obtained no new arrests or convictions, has no unresolved pending charges, nor has 

he engaged in any new criminal conduct.

Mr. Faboo has made himself actively available for supervision. He reports as 

directed, complies with the directions of his federal probation officer, and is currently in 

full compliance with all conditions of his supervised release. 

Mr. Faboo lives in a stable and drug-free residence, a house in Hillsboro, Oregon

where he has rented a room for the past three years. Mr. Faboo has also maintained 

stable employment, working as a truck driver with Market Express for over two years.

Mr. Faboo has actively engaged in extensive programming and treatment 

throughout the course of his supervision. Mr. Faboo successfully completed over three 
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years of drug and mental health counselling at Lifeworks Northwest and over four 

years of sex offender treatment with a recognized treatment provider in Portland, 

Oregon, for which Mr. Faboo paid himself.

Mr. Faboo satisfies all criteria for early termination. He respectfully submits that 

supervised release is “no longer necessary” and urges the Court to terminate his

supervised release at this time.

CONCLUSION

For the foregoing reasons, Mr. Faboo respectfully requests that the Court 

terminate his supervised release term early. Early termination is warranted not only by 

his conduct, but also by the interest of justice.

RESPECTFULLY submitted this 6th day of May, 2021.

/s/ Susan Russell

Susan Russell

Assistant Federal Public Defender