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United States v. Luterman

United States District Court, W.D. Pennsylvania

July 20, 2018

UNITED STATES OF AMERICA,
v.
DANIEL LUTERMAN, Defendant.

          MEMORANDUM OPINION

          Joy Flowers Conti Chief United States District Judge

         Now pending is a pro se motion for early termination of supervised release (ECF No. 89). The government filed a response in opposition (ECF No. 92). The motion is ripe for decision.

         Defendant Daniel J. Luterman (“Luterman”) pleaded guilty to possession with intent to distribute cocaine, possession with intent to distribute oxycodone and ecstasy, and possession of a firearm by a convicted felon (ECF No. 59). Luterman was sentenced to 97 months imprisonment, later reduced to 78 months, and three years of supervised release (ECF Nos. 63, 87). On April 24, 2018, Luterman filed a motion to terminate his supervised release with six months remaining (ECF No. 92).

         I. ANALYSIS

         Pursuant to 18 U.S.C. § 3583, after considering certain enumerated factors in 18 U.S.C. § 3553(a), 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.

         The pertinent § 3553(a) factors the court must consider before terminating the term of supervised release are:

• the nature and circumstances of the offense and the history and characteristics of the defendant, § 3553(a)(1);
• the need for the sentence imposed to afford adequate deterrence to criminal conduct and protect the public from further crimes of the defendant, §§ 3553(a)(2)(B)-(C);
• the kinds of sentences available, § 3553(a)(3);
• the sentencing range established by the Sentencing Commission, § 3553(a)(4);
• any pertinent policy statement issued by the Sentencing Commission, § 3553(a)(5);
• the need to avoid unwarranted sentence disparities among defendants with similar records who have not been found guilty of ...

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