Order Granting Early Termination of Supervised Release — U.S. v. Clark

Record facts

U.S. District Court, Eastern District of Tennessee · No. 1:21-cr-00069-CEA-CHS · Doc. 44 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT CHATTANOOGA 
 
UNITED STATES OF AMERICA, 
) 
Case No. 1:21-cr-69 
 
 
) 
v. 
 
) 
Judge Atchley 
 
 
) 
DONNA J. CLARK, 
) 
Magistrate Judge Steger 
 
ORDER 
 
Before the Court is Defendant’s pro se motion for Early Termination of Supervised 
Release [Doc. 43]. On January 19, 2022, Defendant pleaded guilty to Count One of the 
Indictment charging her with Wire Fraud in violation of 18 U.S.C. § 1343 [Docs. 1, 21].  The 
Court sentenced Defendant to time served followed by three (3) years of supervised release 
[Doc. 39]. Defendant has now completed more than two years of her term of supervised release, 
which is set to expire on June 1, 2025.  On November 7, 2024, the Court received a letter from 
Defendant asking the Court to prematurely terminate her supervised release.1 [Doc. 43].  In 
support of her request, Defendant states that she (i) has not violated her conditions of supervised 
release; (ii) has not been changed with any new offenses; (iii) has not failed a urinalysis screen; 
and (iv) is timely making restitution payments. [Id.].  
The United States Probation Office has confirmed that Defendant has passed all 
urinalysis screens and accrued no technical violations/new charges. It has also confirmed that 
Defendant has been consistently paying a minimum of 10% of her monthly income toward her 
restitution since placement on supervision and that her $100 special assessment fee has been 
satisfied. Furthermore, the Probation Officer supervising Defendant has stated that Defendant 
 
1 In this letter, Defendant also requested that the Court pardon her. [Doc. 43]. The Court cannot grant this relief as 
only the President may pardon an individual convicted of a federal offense. See U.S. Const. art. II, § 2, cl. 1. 
 
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has maintained a respectful attitude toward him and has complied with his instructions. Finally, 
the Officer notes that Defendant has completed more than eighteen (18) months of her three (3) 
year term of supervised released and that at eighteen (18) months, there is a presumption under 
the Guide to Judiciary Policy in favor of recommending early termination for persons who meet 
certain qualifications, which he believes Defendant has satisfied.  Thus, the Officer has no 
objection to Defendant’s Motion for Early Termination of Supervised Release.  The Government 
likewise does not oppose Defendant’s request for early termination. 
 
Title 18, § 3583(e)(1) of the United States Code provides as follows: 
 
 
The court may, after considering the factors set forth in section 
3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and 
(a)(7)– 
(1) 
terminate a term of supervised release and discharge the 
defendant released at any time after the expiration of one 
year of supervised release, pursuant to the provisions of the 
Federal Rules of Criminal Procedure relating to the 
modification of probation, if it is satisfied that such action is 
warranted by the conduct of the defendant released and the 
interest of justice . . . . 
 
18 U.S.C. § 3583(e).  After carefully considering the requirements of the statute, the Court finds 
that the relevant provisions of 18 U.S.C. § 3553(a) support early termination of Defendant’s 
supervised release at this time.  In support of this conclusion, the Court notes that Defendant has 
served more two years of her three-year supervised release term, has complied with all 
conditions of her supervised release, and demonstrates an ability to comply with the law. 
Accordingly, the Court “is satisfied that [early termination] is warranted by the conduct 
of defendant released and the interest of justice,” 18 U.S.C. § 3583(e)(1), and hereby GRANTS 
Defendant’s Motion [Doc. 43].  Defendant’s term of supervised release is TERMINATED. 
 
 
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SO ORDERED. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Charles E. Atchley, Jr. 
 
 
 
 
 
 
 
 
CHARLES E. ATCHLEY, JR. 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
 
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