Little Known Factors for Ending Federal Probation Early

Approval for Ending Federal Probation EarlyThere’s No “Sure Thing”

There is no silver bullet to getting ending federal probation early, no guarantees that any applicant for early release from supervision will have his or her request granted. That decision, in all cases, is ultimately up to the judge. There are, however, some little known facts that can help those on supervision get an edge that other applicants don’t have.

The Good News

Secret #1: There are different levels of supervision, and Judges care!
The United States Probation Office is the supervising authority over all federal cases and defendants sentenced to probation or supervised release. Within that office are policies that govern how intensely clients are supervised.

“How long has it been since you’ve see your PO?”

 

Secret #2: The Sentencing Commission is now ENCOURAGING judges to terminate supervision terms!

 

On November 1, 2011, this year’s amendments to the Sentencing Guidelines Manual became active. One major amendment concerned Supervised Release. It did lots of things like reduce the term of supervision on different felony classes and discuss supervision of deportable aliens. Stuff like that. More importantly, though, was the Commission’s new stance on Early Terminations.

 

Read More About Ending Federal Probation Early

There are 17 other factors in statute and policy that guide judges to their decisions in ending federal probation early. Read more about these statutory factors and policy factors on the probation termination section of our blog**

You can read, free of charge, our comprehensive e-book on terminating federal supervised release and probation by clicking here.

Early Termination of Federal Probation – Policy Factors

Early Termination of Federal Probation – The Policy That Guides Judges

Post #2 of a 3-Part Series

In this previous post on early termination of federal probation, we discussed the factors judges must consider by law when deciding whether or not to let somebody on federal supervision go early. In this post we’ll discuss the policy factors judges consider when making these decisions.

These policy factors are those that probation officers use when asked to make a recommendation regarding early termination of federal supervision. They are the standards adopted by the Judicial Conference Committee on Criminal Law in March of 2003.

Policy Factors

There are nine of these policy factors, and each take a closer look at the offender

A close look at these factors show that there are a lot of areas to consider when attempting to terminate a term of federal supervision. The entire history of an offender is considered. Find out about these factors by reading our e-book specifically about early termination of federal probation.

You can read our comprehensive e-book on early termination of federal probation here.

Those that haven’t gotten into any trouble while on supervision, don’t see their Probation Officer’s more than just a few times per year, and are a complete waste of time and money for the government to continue to supervise, have the greatest chance for early termination.

There are however, two factors not shown here than make the biggest difference. In the next post, we’ll take a look at both.

Early Release from Federal Probation – What Judges Must Consider

Early Release from Federal Probation

Post #1 of a 3-Part Series

In this first part to our series on early release from federal probation early (or supervised release), we’ll take a close look at the statutory factors that judges must consider when somebody on supervision asks for early termination. The only unbreakable rule here is that one year of supervision must expire before anybody can motion for early termination. The rest is up to the judge.

The next installment deals with the factors by policy that judges do, or may, consider.

Judicial Considerations by Law

Most of the factors judges must use to determine an appropriate sentence1 are also required to be used when terminating part of that sentence. Since probation and supervised release are part of a sentence, terminating them early is the same thing as reducing sentences.

Title 18 U.S.C. §3582(a) says that:

“(a) Factors To Be Considered in Imposing a Term of Imprisonment.— The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553 (a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994 (a)(2).” (emphasis added)

So what are these factors? You can read what these factors are in the law here.

For a detailed review and discussion of what these factors mean, read our comprehensive e-book on terminating federal supervised release and probation here.

The best news, however is a 2011 amendment to the Guidelines Manual where the USSC2 specifically encourages judges grant early release from federa

l probation in specific cases. This is the first time they’ve every encouraged early termination of supervision at all.

What this all means

Not since the 80’s has there been a more advantageous time in the federal system to get released early from supervision. Whether on probation or supervised release, the USSC has realized that probation officers have too many people to supervise, and no budget to hire more probation officers. So the logical conclusion is to cut low-risk people free from supervision!

Get Started Today

To get started with your early termination documents now, contact us by e-mail or phone to get the process going. Its fast and easy!

 

Read our free e-book on the A-to-Z of federal probation and supervision!

  1. At least what is legally considered an appropriate sentence []
  2. United States Sentencing Commission []

US Sentencing Commission Posts 2011 Amendments

New 2011 Amendments from U.S.S.C.

With October upon us, and November first rapidly approaching, PCR Consultants is starting a yearly tradition of breaking down this year’s amendments to the United States Sentencing Guidelines as published by the US Sentencing Commission (U.S.S.C.). Each year, these amendments become active on the first day of November.

To find out how PCR Consultants can help you take advantage of these new amendments, contact us for a free consultation at (480) 382-9287.

Here is a breakdown of the Amendments, what changed, and how they may help or hurt federal defendants, inmates, and those on probation.

The Amendments

Fair Sentencing Act: The Commission re-submitted its changes to crack cocaine sentencing guidelines per the Fair Sentencing Act of 2010. On June 30, 2011 the Commission voted unanimously to make the guidelines changes retroactive. Read more on our Crack Cocaine Sentence Reductions page.

Supervised Release: Learn more about getting early release from federal probation or supervised release with the help of PCR Consultants on our Early Termination Page. This year, four changes were made to Supervised Release and federal Probation:

  1. Deportable Aliens: This change effectively eliminates Supervised Release for defendants who are not required it by law, and are likely to be deported after imprisonment;
  2. Lesser Terms of Supervised Release: The Commission lowered the minimum term of Supervised Release under §2D1.2 from three years to two years from Class A and B felonies, and from 2 years to one year for Class C and D felonies;
  3. Guidance on Imposing Supervised Release Terms: The Commission added criminal history and substance abuse to what the court should consider in determining whether to impose supervised release, and for how long;1
  4. Early Termination of Supervised Release: §5D1.2, has been amended with language which specifically encourages courts to consider early termination of supervised release “in appropriate cases.” An example provided is a substance abuser who successfully completes a treatment program, “thereby reducing the risk to the public from further crimes of the defendant.”

Illegal Reentry: The Commission reduced but didn’t eliminate, the enhancements based on stale convictions or convictions that do not receive criminal history points under chapter 4 of the guidelines. This amendment also provides an upward departure if the new enhancement “does not adequately reflect the extent or seriousness of the conduct underlying the prior conviction.

Mitigating Role: This amendment changed the language of its notes to §3B1.2 (Mitigating Role) to encourage the courts to apply the adjustment therein. This amendment struck (1) from Application Note 3(c)2 and (2) from Application Note 43. This amendment encourages the court that it can, and should, give this adjustment when the only evidence of role rests upon circumstantial evidence and the defendant’s statement of his/her participation.

The US Sentencing Commission also changed the language of §1B1.3 (Relevant Conduct) to help clients who are charged with fraud crimes but benefited little from the overall fraud scheme.

Firearms: Guidelines §2K2.1 and §2M5.2 are changed for the worse. In §2K2.1, the Commission increased penalties for straw purchasers, added a 4-level enhancement (and floor of 18 points) when a defendant left or tried to leave the US while possessing any firearm or ammunition. There is, however, language for downward departure for straw purchasers who were motivated by an intimate or familiar relationship or by threats or fear to commit the offense, where no monetary benefit from the offense exists.

The changes to §2M5.2 raised penalties for cases involving small arms crossing the border, increasing the base offense level from 14 to 26 in cases involving more than two (changed from 10) non-fully automatic small arms.

Fraud: Responding to new health care legislation, §2B1.1 was amended in two ways. First, tiered enhancements for loss amounts of over $1 million were added. Second, a new rule for loss amounts in healthcare fraud cases was added, but is arguable.

Child Support: Defendants convicted of willful failure to pay court-ordered child support are no longer subject to a 2-level enhancement under §2B1.1(b)(8)(C).

Drug Disposal Act: This final amendment broadens the list of people who can be subject to an enhancement for abusing a position of trust or use of a special skill. This is ordinarily used in drug offenses.

**************************

  1. Adding these to the statutory factors set forth in 18 U.S.C. §3583 []
  2. Stating that the court “is not required to find, based solely on the defendant’s bare assertion, that such a role adjustment is warranted” []
  3. The statement: “It is intended that the downward adjustment for minimal participant will be used infrequently []

Federal Supervised Release

Your First Days On Federal Supervised Release

After the prison walls are left behind, after the (hopefully) 6 months spent in a halfway house are finished, the feeling of freedom can be incredible. However, that feeling is usually short-lived with the first visit to the United States Probation Office. Although free of all the rules associated with the Bureau of Prisons, an entirely new set of regulations to abide by.

To begin with, a former inmate on federal supervised release will have a set of standard conditions of release. These include rules that apply to all probationers such as monthly reports, financial disclosures, travel restrictions, firearm prohibitions, and other issues of a general nature. A second set of rules will follow this one, and is specifically designed for each crime of conviction. Drug tests, home inspection details, treatment requirements, etc will all be a part of this second set of conditions.

These conditions are not static and can change as supervision progresses. A change in circumstance or Probation Officer can bring new conditions with it. On the other hand, unnecessary or boilerplate restrictions can be removed (with good reason) with a standard motion to the court. Avoid making the mistake of believing that the rules, and the Probation Officer, you start out with are going to stay that way until released from supervision.

Supervision on a Daily Basis

In every day life, the supervising officer makes little impact on an individual on federal supervised release. Policy normally dictates that an officer sets eyes on their ex-offenders once a month at the least. Post-release treatment will most likely have a much larger impact on daily life. Treatment for drug offenders can be very different, from in-patient facilities to mandated AA/NA types of meetings. If fines, restitution, or special assessments have not been paid, the PO will be very interested and ‘involved’ in your case until those are paid off.

**Important Note: If you plan on applying for early release from federal supervised release, community service and any money owed to the government should be completed and paid before a judge will consider the request**

Expect the first few months of freedom to be much more active months with a supervising officer than normal. After three to four months, without any incidents, violations or trouble, you will drop off their radar and see/hear very little from United States Probation.

 

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