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United States v. Wilks

United States District Court, M.D. Pennsylvania

January 11, 2017

UNITED STATES OF AMERICA
v.
ALTIMONT WILKS, Defendant

          ORDER

          Christopher C. Conner, Chief Judge

         AND NOW, this 11th day of January, 2017, upon consideration of the pro se motion (Doc. 144) filed by defendant Altimont Wilks, wherein defendant, for the second time, requests early termination of the term of supervised release imposed on November 16, 2005, (see id.; see also Doc. 141), and wherein defendant indicates that he was discharged from his federal term of imprisonment on June 13, 2013, and was immediately transferred to Maryland state authorities to begin serving a pending term of eight (8) years imprisonment in the Maryland State Corrections system, (see Doc. 144 ¶¶ 2-3), and the court observing that the decision whether to terminate or modify a term of supervised release typically lies within the sound discretion of the trial court, Burkey v. Marberry, 556 F.3d 142, 149 (3d. Cir. 2009), and is governed by 18 U.S.C. § 3583(e)(1), which allows 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, ” 18 U.S.C. § 3583(e)(1), but further observing, as we did in denying defendant's first motion for early termination, (see Doc. 142), that supervision does not commence until a defendant completes all terms of imprisonment, to wit: the term of release “does not run during any period in which the ...


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