United States District Court, D. Nevada
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.
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.
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.
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.).
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).
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.
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,
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 . ...