Pro Se Reply to Response to Motion as to Charles Hill, IV filed by Charles Hill — USA v. Thomas et al. (Dkt. 706, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 706 · 2023-07-21 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA, 
) 
) 
Plaintiff, ) 
) 
vs. 
) 
) 
CHARLES HILL, IV, ) 
) 
Defendant, prose. ) 
) 
FILED IN CLERK'S OFFICE 
U.S.0.C. -Atlanta 
JUL 2 1 2023 
KEV 
By: 
CASE NO.: 1:20-CR-296-JPB-CMS 
REPLY TO RESPONSE IN OPPOSITION TO 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. On July 5, 2023, 
Defendant pro se, filed a motion for early termination of the home confinement condition of his 
sentence of probation. Via email, AUSA Tal Chaiken responded in opposition to the motion, 
while the Federal Probation Office has responded that they have NO OPPOSITION to the 
motion. Defendant pro se, hereby now presents the Court with further applicable law regarding 
Case 1:20-cr-00296-JPB-CMS     Document 706     Filed 07/21/23     Page 1 of 6

the matter and seeks early termination of the supervised release portion of his sentence pursuant 
to Title 18, section 3583(e)(l) of the United State Code. 
II. APPLICABLE LAW 
Title 18, section 3583(e)(l) of the United State Code authorizes the Court to terminate a 
defendant's term of supervised release at any time after the expiration of one year of supervision 
if the Court is "satisfied that such action is warranted by the conduct of the defendant released 
and the interest of justice." 
Per the Judicial Conference, there are nine general criteria for assessing whether a 
statutorily eligible offender should be recommended to the court as an appropriate candidate for 
early termination: 
1. Stable community integration (family, residence, employment); 
2. Progressive strides towards supervision objectives and in compliance 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 
5. No recent arrests or convictions (including unresolved pending charges), or ongoing, 
uninterrupted patterns of criminal conduct; 
6. No recent evidence of alcohol or drug abuse; 
7. No recent psychiatric episodes; 
8. No identifiable risk to the safety of any identifiable victim; and 
9. No identifiable risk to public safety based on the Risk Prediction Index 
Case 1:20-cr-00296-JPB-CMS     Document 706     Filed 07/21/23     Page 2 of 6

(Guide to Judiciary Policy, Vol. 8E, Ch. 3 § 380.lO(b), "Early Termination"). Per this policy, 
"there is a presumption in favor of recommending early termination for supervisees after the first 
18 months if they are not career violent and/or drug offender, sex offenders, or terrorists, present 
no identified risk to the public or victims, and are free from any moderate or high severity 
violations." Id., § 380.I0(g) 
Additionally, on February 16, 2012, the Honorable Robert Holmes Bell, Chair of the Committee 
on Criminal Law of the Judicial Conference, issued a memorandum to all United States District 
Court Judges encouraging them to grant early termination of supervised release in appropriate 
cases as an effort to reduce expenditures in the probation and pretrial services programs. 
Terminating "appropriate cases before they reach their full term saves resources and allows 
officers to focus on offenders who continue to pose the greatest risk ofrecidivism." Judge Bell's 
memorandum notes that supervision costs approximately $3,938 per year per case. 
Analysis by the Administrative Office of the Courts indicates that offenders who received early 
termination were "arrested less often, for less serious charges, and were sentenced to terms of 
imprisonment less often." Accordingly, "[f]rom a policy standpoint, it appears that the above 
criteria, when properly applied, does not jeopardize public safety." Id. 
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 
programming or treatment. Notably, he has made significant progress in meeting his restitution 
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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. 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. 
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. 
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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 these 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 
superv1s10n. 
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 under 
18 U.S.C. § 3583(e). 
Dated: 07/21/2023 
Respectfully Submitted, 
Charles Hill, IV 
Pro se Defendant. 
<%1 
Case 1:20-cr-00296-JPB-CMS     Document 706     Filed 07/21/23     Page 5 of 6

CERTIFICATE OF SERVICE 
I certify that on July 21, 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 Tal Chaiken 
75 Ted Turner Drive SW 
Suite 600 
Atlanta, GA 3 03 03 
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 
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