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Criminal Law: Supervised Release-Early Termination-Authority to Terminate
Staff Report//February 18, 2024//
Criminal Law: Supervised Release-Early Termination-Authority to Terminate
Staff Report//February 18, 2024//
Defendant appealed the district court’s denial of the Probation Office’s recommendation for early termination of defendant’s supervised release. The district court denied the government’s request, concluding that it lacked authority to grant an early termination because §841(b)(1)(A) required the imposition of a five-year term notwithstanding the early termination statute.
Where §841(b)(1) had no effect on a district court’s authority to grant early termination of supervised release to an eligible defendant, the district court erred in declining the government’s request.
Judgment is reversed and remanded.
U.S. v. Lester (MLW No. 81092/Case No. 23-2176 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J. (Alexandra Aparicio, AFPD, of St. Louis, MO for appellant) (Amanda Altman, AFPD, of Cape Girardeau, MO on the brief)
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