Pro Se Motion for Early Termination of the Home Confinement Condition of Probation — USA v. Thomas et al. (Dkt. 702, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 702 · 2023-07-05 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
-~~~~7 
FOR THE NORTHERN DISTRICT OF GE RGJAHi'.~.g~ti~a~~FICE 
ATLANTA DIVISION 
UNITED STATES OF AMERICA, 
) 
) 
Plaintiff, ) 
) 
JUL O 5 202~ 
VS. 
) 
CASE NO.: 1 :20-CR-296-JPB-CMS 
) 
CHARLES HILL, IV, ) 
) 
Defendant, pro se. ) 
) 
MOTION FOR EARLY TERMINATION OF THE HOME 
CONFINEMENT CONDITION OF PROBATION 
I. 
INTRODUCTION 
COMES NOW the Defendant prose, Charles Hill IV, and respectfully moves this Honorable 
Court to terminate the home confinement condition of his probation sentence. Mr. Hill, who is 
currently being supervised in the Northern District of Georgia where he resides and works, was 
sentenced to a 5-year probation term with the initial 27 months to be served under home 
confinement, commencing on January 12, 2022. As of the filing of this motion, Mr. Hill has 
successfully completed approximately 18 months of his home confinement term. 
In support of this motion, Mr. Hill wishes to inform the Court that he has diligently complied 
with all aspects of his probationary supervision. Prior to submitting this petition, he shared it 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 1 of 7

with his supervising probation officer and the government, who have confirmed his full 
compliance with all the terms of his supervision, including the timely monthly payments toward 
his restitution obligation. Notably, the probation officer does not oppose this motion, and 
Assistant United States Attorney Tal Chaiken has reviewed the petition and will communicate 
the government's position to the Court as requested. 
Based on these circumstances, Defendant Charles Hill IV respectfully requests the Court's 
favorable consideration of this motion, seeking the termination of the home confinement 
condition of his probation sentence. 
WHEREFORE, Defendant Charles Hill IV prays that this Honorable Court grants the relief 
sought herein and terminates the home confinement condition of his probation sentence. 
II. 
EARLY TERMINATION CRJTERJA FOR THE COURT TO CONSIDER 
The criteria for assessing the eligibility of a statutorily eligible offender as an appropriate 
candidate for early termination of home confinement are as follows: 
• 
Stable Community Reintegration: The offender demonstrates stability in key areas such 
as residence, family relationships, and employment. 
• 
Progress Towards Supervision Objectives: The offender has made consistent progress 
towards the objectives set forth in their supervision plan and has remained fully 
compliant with all conditions of supervision. 
• 
Non-Aggravated Role in the Offense: The offender did not play an aggravated role in the 
offense of conviction, particularly in cases involving large-scale drug offenses or fraud. 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 2 of 7

• 
Absence of Violence: The offender has no history of violence, including sexually 
assaultive or predatory behavior, or domestic violence incidents. 
• 
Clean Arrest and Conviction Record: The offender does not have any recent arrests or 
convictions, including unresolved pending charges, and has not engaged in ongoing 
patterns of criminal conduct. 
• 
Absence of Substance Abuse: There is no recent evidence indicating alcohol or drug 
abuse by the off ender. 
• 
Stability in Mental Health: The offender has not experienced recent psychiatric episodes 
that could pose a risk to themselves or others. 
• 
No Threat to Victim Safety: There is no identifiable risk to the safety of any known 
victim associated with the offender. 
• 
No Risk to Public Safety: Based on the Risk Prediction Index (RPI), there is no 
identifiable risk to public safety posed by the offender. 
These criteria provide a framework for evaluating whether an offender qualifies for early 
termination of the home confinement condition, considering various factors related to 
community reintegration, compliance, offense severity, violence, criminal history, substance 
abuse, mental health, victim safety, and public safety. 
III. MR. HILL SATISFIES ALL THE CRITERIA FOR EARLY TERMINATION 
OF THE HOME CONFINEMENT CONDITION OF PROBATION 
Based on Mr. Hill's exemplary compliance with all conditions of supervision and his fulfillment 
of the factors necessary for early termination, it is evident that he is deserving of such relief. Mr. 
Hill has satisfactorily completed all the terms of his supervision and does not require any further 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 3 of 7

programming or treatment. Notably, he has made significant progress in meeting his restitution 
obligation and remains committed to fulfilling it even after the probation sentence concludes. 
Furthermore, he has adhered fully to any minimal special conditions imposed upon him, 
including those related to programming or counseling, which have not been necessary 
throughout the duration of his supervision. The Federal Probation Officers overseeing his case do 
not oppose this petition. 
Mr. Hill's conviction for conspiracy to commit wire fraud in January 2022 resulted in a sentence 
of five years' probation, with the initial 27 months to be served under home confinement. The 
first eighteen months of this period have passed without incident or violation. Mr. Hill has 
demonstrated stability in his employment, residence, and family life. 
The Court frequently encounters situations where serious consequences are imposed upon 
defendants who fail to abide by the terms of their probation sentence. In contrast, Mr. Hill has 
diligently fulfilled every condition mandated by the Court. He is fully integrated into society and 
serves as a valued worker, family member, and responsible citizen. Throughout his supervision, 
he has maintained strong community ties with stable housing, family support, and consistent 
employment. Importantly, Mr. Hill remains in complete compliance with all the terms of his 
supervision. His involvement in the offense did not entail an aggravated role, nor did it involve 
violence or the use of weapons. Additionally, he has abstained from using controlled substances 
and does not have any psychiatric issues. He enjoys the support of his community. Considering 
each factor that the Court must consider, Mr. Hill emerges as an ideal candidate for early 
termination of the home confinement portion of his probation sentence. 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 4 of 7

Given Mr. Hill's commendable performance on supervised release, he respectfully requests that 
the Court grants his motion and orders the termination of the home confinement condition, 
thereby allowing him to resume his regular activities within the community. 
Furthermore, it is essential to highlight the benefits that the Court stands to gain from granting 
the requested early termination of the home confinement portion of Mr. Hill's probation 
sentence. Currently, due to the home confinement condition, Mr. Hill is assigned two Federal 
Probation Officers: one responsible for monitoring his compliance with the home confinement 
duties, including conducting monthly home visits, and the other overseeing his financial 
obligations, including restitution and other clerical reporting responsibilities. 
Granting the early termination of home confinement for Mr. Hill, a low-risk individual in terms 
of recidivism, would result in significant resource allocation benefits for the Court. The Court's 
resources, which are currently dedicated to the monitoring and supervision of Mr. Hill's home 
confinement, could be redirected to individuals requiring more intensive supervision and 
intervention. By freeing up these resources, the Court can effectively allocate its personnel and 
efforts to cases that necessitate a higher level of attention and intervention, thereby enhancing 
public safety and the overall effectiveness of the probation system. 
In consideration of the aforementioned benefits, Mr. Hill respectfully urges the Court to grant the 
motion for the termination of the home confinement condition, recognizing that doing so would 
optimize resource allocation and enable the Court to focus its attention on cases warranting more 
intensive supervision. 
WHEREFORE, Mr. Hill prays that this Honorable Court grants the requested relief and 
terminates the home confinement portion of his probation sentence, thereby facilitating the 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 5 of 7

efficient allocation of Court resources for individuals necessitating more comprehensive 
superv1s10n. 
Dated: 07/05/2023 
Respectfully Submitted, 
/~!U 
Charles Hill, IV 
Pro se Defendant. 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 6 of 7

CERTIFICATE OF SERVICE 
I certify that on July 5, 2023, I filed a copy of the foregoing document 
electronically using the CM/ECF system, which will automatically generate notice 
of this filing to all counsel of record, and mailed a copy of the foregoing document 
to: 
United States Attorney's Office 
Attn: AUSA Tai Chaiken 
75 Ted Turner Drive SW 
Suite 600 
Atlanta, GA 30303 
I 
United States Federal Probation Office 
Attn: Sr. U.S. Probation Officer Ben Health 
75 Ted Turner Drive, SW 
Suite 900 
Atlanta, GA, 30303 
Defendant: Charles Hill, IV 
Case 1:20-cr-00296-JPB-CMS     Document 702     Filed 07/05/23     Page 7 of 7

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