Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Barnett

United States District Court, W.D. Pennsylvania

June 25, 2019

UNITED STATES OF AMERICA,
v.
ALAN BARNETT, Defendant.

          MEMORANDUM OPINION

          Joy Flowers Conti, Senior United States District Judge.

         Pending before the court is the motion by defendant Alan Barnett (“defendant” or “Barnett”) for early termination of probation (ECF No. 57), to which the government filed a response in opposition. (ECF No. 59). The motion is ripe for decision.

         On August 26, 2016, Barnett waived indictment and pleaded guilty to the one-count information at criminal action number 16-153, which charged him with possession with intent to distribute oxycodone. The advisory guideline calculation provided for imprisonment of 10 to 16 months, although Barnett was statutorily eligible for probation. There was a statutory mandatory minimum term of supervised release of at least 3 years, pursuant to 21 U.S.C. § 841(b)(1)(C), which Barnett avoided because he met the criteria for the “Safety Valve.”

         Barnett was sentenced on January 11, 2017, to 5 years of probation, with conditions of 8 months home detention and 250 hours of community service (125 hours in first and second years of probation); a fine of $50, 000 to be paid in full within 30 days; and a special assessment of $100. On June 14, 2019, after serving approximately half his term of probation, Barnett filed his present motion. He states that he successfully completed his home detention, performed his community service, paid his fine, surrendered his DEA license and retired from the practice of medicine. He is 72 years old. Barnett argues that further supervision would be a waste of government resources.

         The court, by statute, may grant Barnett's motion for early termination of his probation. As set forth in 18 U.S.C. § 3564(c):

The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation 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.

         The § 3553(a) factors are:

(a) Factors to be considered in imposing a sentence.--The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider-
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(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 afford adequate deterrence to criminal conduct;
(C) 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;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.