Response on Early Release from Probation — United States v. Punelli (Eastern District of Virginia)

Summary

In United States v. James Victor Punelli (Case 1:21-cr-00224-AJT), the defendant responds to the United States Attorney's response to the defendant's request for early release from probation. The filing states that the U.S. Attorney objects on the basis that the Court imposed a term of probation. It states that the motion rests on 18 U.S.C. § 3564(c), which asks whether early termination and discharge is warranted by the defendant's conduct and the interest of justice. It states that the defendant has invested significant time and resources on several long-term projects that may require international travel on short notice, for which Court permission will likely be difficult to obtain in a timely manner.

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Full text

FILED
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
2023 O
21 P 2-' OU
UNITED STATES OF AMERICA
V.
JAMES VICTOR PUNELLI,
Defendant.
Case No. l:21-cr-224-AJT
RESPONSE TO UNITED STATES ATTORNEY'S RESPONSE TO DEFENDANT'S
REOUEST FOR EARLY RELEASE FROM PROBATION
The U.S. Attorney objects to the Defendant's motion on that basis that the Court imposed
a tvvo-year term of probation which should be fiilfilled ipso facto. But that the Defendant's
sentence was justified is not determinative. The basis for the Defendant's motion is 18 U.S.C.
§ 3564(c) — Running ofa term ofprobation, Early Termination, and the criteria are whether early
termination and discharge is now warranted by the Defendant's conduct and the interest of
justice, after considering the factors in 18 U.S.C. § 2)SSZ{ii) -
Imposition ofa sentence, Factors
To Be Considered in Imposing a Sentence to the extent that they are applicable.
The USA asserts that the Defendant's probation does not negatively affect the
Defendant's requirement for business travel. But there are clarifying factors to consider. The
Defendant has invested significant time and resources on several long-term projects. This work
will require international travel that may require departure on short notice, for which it will likely
be difficult to obtain Court pcnnission in a timely manner. Additionally, some projects will
require long-term international travel more than one month, with the likelihood of international
relocation. Should supervised release remain, it would be financially devastating to the
Case 1:21-cr-00224-AJT     Document 24     Filed 03/27/23     Page 1 of 3 PageID# 135

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Case 1:21-cr-00224-AJT     Document 24     Filed 03/27/23     Page 3 of 3 PageID# 137

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