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United States v. Lill

United States District Court, D. Nevada

August 22, 2017

UNITED STATES OF AMERICA, Plaintiff(s),
v.
JACOB LILL, et al. Defendant(s).

          ORDER

         Presently before the court is defendant Jacob Lill's motion for early termination of supervision. (ECF No. 349). A response was due by July 28, 2017 and the United States has not responded. The motion is granted.

         I. Facts

         Because the United States has not responded to Lill's motion, and granting this motion is favorable to the defendant, this court need not hold a hearing on this matter, see Fed. R. Crim. P. 32.1(c)(2), and this court presumes the facts presented in defendant's motion are true.

         On March 20, 2014, pursuant to a guilty plea, this court convicted Lill of one count of conspiracy to distribute marijuana, a violation of 21 U.S.C. § 846, and sentenced him to 24 months in custody followed by three years of supervised release. (ECF NO. 349 at 2). The parties later stipulated to reduce his term of imprisonment to 18 months. (Id.).

         Before his conviction, Lill served two years and ten months of pretrial supervision. (Id.). He began his federal imprisonment sentence on June 9, 2014 when he self-surrendered to the United States Marshals. (Id.). He began his term of supervised release on October 31, 2015 and is currently being supervised in the state of Colorado. (Id.).

         Over the course of his pretrial supervision, imprisonment, and supervised release, Lill has never produced a positive drug test and has been fully compliant with the terms of his pretrial release, custody, and supervised release. (Id.). He has not reoffended. (Id.). Lill has successfully completed intensive drug and alcohol treatment that includes cognitive behavioral therapy. (Id. at 3).

         Mr. Lill was transferred from Nevada to Colorado for supervised release where he could obtain employment and raise his son. (Id.). Lill is a single father of an 11-year-old son and provides his son a stable residence. (Id. at 4). Lill is no longer associated with the marijuana industry. (Id. at 3). Lill now works as the acting CEO of a real estate company and hopes to obtain the role of permanent CEO by September 1, 2017. (Id.). Lill claims that this new role will require him to travel, which will be complicated or made impossible by remaining on supervised release. (Id.). Therefore, he asks for early termination of supervised release.

         II. Legal Standard

         The statute governing early termination of supervision provides that the court, after considering certain factors set forth in 18 U.S.C. § 3553(a), may terminate a term of supervision previously ordered and discharge a defendant convicted of a felony at any time after the expiration of one year of supervised release. 18 U.S.C. § 3583(e)(1). Additionally, this court finds instructive the standards adopted by the Judicial Conference Committee on Criminal Law, which elaborate on the statutory factors of § 3553(a):

1. stable community reintegration (e.g., residence, family, employment);
2. progressive strides toward supervision objectives and in compliance [sic] with all conditions of supervision;
3. no aggravated role in the offense of conviction, particularly large drug or fraud offenses;
4. no history of violence . ...

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