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United States v. Tanis

United States District Court, Third Circuit

November 19, 2013

UNITED STATES OF AMERICA
v.
JOHN C. TANIS, III, Defendant.

MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court for disposition is Defendant John C. Tanis, III's (hereinafter "defendant") motion for modification of supervised release in which defendant seeks permission for international travel. The parties have presented their respective positions, and a hearing was held on November 13, 2013. The matter is thus ripe for disposition.

Background

The court sentenced defendant on March 30, 2007 for two different crimes, Misprison of a Felony, 18 U.S.C. § 4, and Felon in Possession of Firearms and Ammunition, 18 U.S.C. § 922(g)(1). On the Misprison conviction, which involved a type of bank fraud, the court sentenced defendant to imprisonment for twelve (12) months and (1) day and a one (1) year period of supervised release. (Doc. 10, 3:07cr90, Judgment). The court sentenced defendant to sixty (60) months imprisonment and three (3) years supervised release on the Felon in Possession of Firearms conviction. (Doc. 100, 3:05cr117, Judgment).

Defendant has served his prison terms and has approximately nine (9) months remaining on supervised release. Under the standard conditions of supervision, defendant is not permitted to leave the judicial district without the permission of the court or probation office. In the instant motion, defendant requests permission to travel to the Ukraine to meet, for the first time in person, a woman he intends to wed. He seeks to take pictures of himself with her for use in her visa application.

Legal Standard

Pursuant to 18 U.S.C. § 3583(e), the court may modify the terms of supervised release after considering the following factors: "[T]he nature and circumstances of the offense and the history and characteristics of the defendant;" 18 U.S.C. § 3553(a)(1); "[T]he need for the sentence imposed - to afford adequate deterrence to criminal conduct;" 18 U.S.C. § 3553(a)(2)(B); "[T]he need for the sentence imposed - "to protect the public from further crimes of the defendant;" 18 U.S.C. § 3553 (a)(2)(C); and "[T]he need for the sentence imposed - "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. § 3553 (a)(2)(D).

Discussion

After a review of the above-listed factors, we find that it is inappropriate to grant the requested relief. This request for permission to leave the country is defendant's third such request in the past two years.[1] In our letter denying his last request we noted the following:

Defendant had been convicted of a very serious crime, Felon in Possession of Firearms, involving machine guns allegedly imported from the Ukraine, the very country to which he sought to travel;

Officials found over 160 guns, silencer components, 7 machine guns and thousands of rounds of ammunition at his residence;

The Probation Office noted they had concerns over defendant's financial situation; and

Travel outside the district is a privilege not a right. (Doc. 49, Correspondence to defendant from the court dated Feb. 7, 2013).

Therefore, we found that international travel was inappropriate. The court informed defendant of this ...


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