United States District Court, W.D. Washington, Seattle
ORDER DENYING DEFENDANT'S MOTION FOR TERMINATION
OF SUPERVISED RELEASE
L. ROBART UNITED STATES DISTRICT JUDGE.
the court is Defendant Deon Darrell Brown's motion to
terminate his supervised release so that he may attend his
son's graduation from the United States Naval Academy.
(Mot. (Dkt. # 378)). Plaintiff United States of America
(“the Government”) opposes Mr. Brown's
motion. (Resp. (Dkt. # 379).) The court has considered Mr.
Brown's motion, the Government's response, the
relevant portions of the record, and the applicable law.
Being fully advised, the court DENIES Mr. Brown's motion
but encourages United States Probation
(“Probation”) to work with Mr. Brown concerning a
possible travel pass so that Mr. Brown can travel to the city
where his son's graduation is scheduled to occur.
January 24, 2014, Mr. Brown pleaded guilty to three counts of
bank fraud (see R&R re Guilty Plea (Dkt. # 110);
see also Ord. of Accept. of Guilty Plea (Dkt. #
131)), and on May 6, 2014, the court sentenced him to 12
months plus one day of imprisonment and five years of
supervised release (Judgment (Dkt. # 190)). The court also
ordered Mr. Brown to pay $258, 804.26 in restitution.
Brown completed his sentence and began his five-year term of
supervised release on February 23, 2015. (See
3/26/15 Order/Report (Dkt. # 280) at 1.) One week later, on
March 2, 2015, Mr. Brown submitted a urine sample to
Probation that tested positive for alcohol and cocaine.
(Id.) The court endorsed Probation's action of
increased drug testing and a referral for substance abuse
treatment. (Id. at 2.) On February 25, 2017, Mr.
Brown committed the crime of driving under the influence
(“DUI”). (Mot. at 3.) As a result, on May 1,
2017, the court revoked his term of supervision and sentenced
him to four months in custody. (Judgment on Revocation (Dkt.
# 345).) The court also imposed a new 24-month term of
supervised release. (Id.) Mr. Brown's term of
supervised release began on June 28, 2017, and it is set to
expire on June 27, 2019.
his current term of supervised release, Mr. Brown has so far
submitted clean urine samples to Probation. (Mot. at 3;
see also Resp. at 5 (“[Mr.] Brown has not
tested positive for any controlled substances or alcohol
since his most recent release from custody in June
2017.”).) He also completed re-entry classes through
Pioneer Human Services. (Mot. at 3.) Since January 2018, he
has been employed at Valley Medical Center and has been
making regular restitution payments. (Id.)
Brown now seeks an early termination of supervised release.
(See generally Mot.) He argues that he has a son who
will be graduating from the United States Naval Academy on
June 29, 2018, and he would be unable to attend the ceremony
unless the court terminates his term of supervised release
before that date. (Id. at 3.) The Government opposes
Mr. Brown's motion. (See generally Resp.) The
court now considers Mr. Brown's motion.
3583(e)(1) of Title 18 provides that after considering the
general sentencing factors set forth in 18 U.S.C. §
3553(a)(1), the court may:
terminate a term of supervised release and discharge the
defendant released at any time after the expiration of one
year of supervised release, pursuant to the provisions of the
Federal Rules of Criminal Procedure relating to the
modification of probation, if it is satisfied that such
action is warranted by the conduct of the defendant released
and the interest of justice.
18 U.S.C. § 3583(e)(1). “The court had broad
authority to approve modification of the conditions but only
after ‘consider[ing] the factors set forth in section
3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5)
and (a)(6).'” United States v. Gross, 307
F.3d 1043, 1044 (9th Cir. 2002) (quoting 18 U.S.C. §
3583(e)). Among the general sentencing factors that the court
first must consider are: (1) “the nature and
circumstances of the offense and the history and
characteristics of the defendant”; and (2) the need for
the sentence imposed (A) “to reflect the seriousness of
the offense, to promote respect for the law, and to provide
just punishment for the offense;” (B) “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.” 18 U.S.C.
crime Mr. Brown committed was serious, as indicated by the
loss attributable to his conduct-$258, 804.26-more than a
quarter of a million dollars. (See Judgment.) His
sentence reflects the seriousness of his crime, and the court
is reluctant to undermine that statement by terminating his
period of supervised release early. Further, the court
ordered Mr. Brown to pay restitution, and he has only begun
making payments on the amounts he owes under his sentence.
Mr. Brown made an initial payment on December 18, 2015
($30.00), but then did not pay again until more than two
years later on April 1, 2018 ($20.00). (Resp. at 5.) He
subsequently made two additional, consecutive payments on May
1, 2018 ($20.00), and June 2, 2018 ($20.00). (Id.)
Probation has applied all of these payments to Mr.
Brown's $300.00 assessment; none has been applied to the
$258, 804.26 he owes in restitution. (Id.) The court
is encouraged by Mr. Brown's recent employment with
Valley Medical Center and payment on the amounts he owes
under his sentence. However, maintaining his supervised
release will encourage Mr. Brown to continue making payments
and will give the Government and the court the tools the
necessary tools to enforce the order of restitution in this
although the court is encouraged by Mr. Brown's recent
stretch of clean urine samples, his prior repeated use of
alcohol and drugs while on supervised release and his poor
judgment in getting behind the wheel of a car while
intoxicated lead the court to conclude that early termination
of Mr. Brown's supervised release is not warranted. Mr.
Brown needs to complete his term of supervised release to
protect the public from similar crimes, including any
additional DUIs, and to ensure that Mr. Brown remains free of
alcohol and drug use. If Mr. Brown remains on supervised
release, Probation can continue to monitor Mr. Brown,