UNITED STATES OF AMERICA,
) CRIMINAL ACTION NO. 08-00099-KD-C
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
This action is before the Court on the Motion for Early Termination of Supervised
Release (Doc. 100) filed pro se by Defendant Deborah Calderon (“Calderon”). Upon
consideration, the Court finds that the motion is due to be GRANTED.
A review of the record indicates that on May 20, 2008, Calderon pled guilty to one count
of conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C.
§ 846. (Doc. 47). On August 29, 2008, the Court sentenced Calderon to 40 months in prison
followed by a five-year term of supervised release. (Doc. 66). The Probation Officer assigned to
this case has advised the Court that Calderon’s term of supervised release began on March 21,
2011. While not recommending either in favor of or against early termination, the Probation
Officer notes that Calderon appears to be compliant with her terms of supervised release, has
maintained full-time employment, requested and, on March 1, 2012, successfully completed
outpatient substance abuse treatment, and has had all negative urinalyses. Though granted an
opportunity to object to the motion (Doc. 101), the Government has not done so.
Pursuant to 18 U.S.C. § 3583(e)(1), after consideration of the relevant 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.” Having considered the relevant factors set forth in § 3583(e)(1) and
§ 3553(a) — particularly Calderon’s characteristics and the imperative to impose a sentence
sufficient, but not greater than necessary, to afford adequate deterrence to criminal conduct and
protect the public from further crimes by her – the Court finds that Calderon’s post-incarceration
conduct warrants termination of supervision and that such termination would be in the interest of
justice. As “the relief sought is favorable to [Calderon] and does not extend the term . . . of
supervised release[,]” and as “an attorney for the government has received notice of the relief
sought, has had a reasonable opportunity to object, and has not done so[,]” no hearing is required
prior to granting such relief. Fed. R. Crim. P. 32.1(c)(2).
Accordingly, it is ORDERED that Calderon’s motion (Doc. 100) is GRANTED, the
supervised release term imposed on August 29, 2008, is TERMINATED, and Calderon is
DISCHARGED from supervision.
The Clerk of Court is DIRECTED to mail a copy of this Order to Calderon at her
address provided in the motion.
DONE and ORDERED this the 19th day of September 2013.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE