Motion To Terminate Supervised Release And
Summary
A pro se Motion to Terminate Supervised Release and Supporting Memorandum filed July 24, 2023 by Robert S. Stewart, Jr. in Case 1:21-cr-00005-RDA, Document 27, in the U.S. District Court for the Eastern District of Virginia. The motion asks the court to end his supervised release under Rule 32.1(b) of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3583(e). It states that he began a three-year term of supervised release in July 2022 after a 21 month custodial sentence, and that he has met all conditions, holds employment with a federal contracting firm and has paid all fines, penalties and restitution. It argues that continued supervision could affect a pending security clearance upgrade and cites exhibits including a pay stub and a contingent job offer. A certificate of service dated July 23, 2023 closes the five-page filing.
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Case 1:21-cr-00005-RDA Document 27 Filed 07/24/23 Page 1 of 5 PageID# 271
""1-'-iD
^OOM
UNITED STATES DISTRICT COURT
JUL Z 1
EASTERN DISTRICT OF VIRGINIA
pi prk U.S. district court
Robert S. Stewart, Jr. VIRGINIA
(Petitioner)
Case No. 1:21CR-00005
V.
United States of America
(Respondent)
MOTION TO TERMINATE SUPERVISED RELEASE AND
SUPPORTING MEMORANDUM
Mr. Robert S. Stewart, Jr. (Petitioner, herein), through PRO SE MOTION, respectfully requests
that this Court terminate his supervised release pursuant to Rule 32.1(b) of the Federal Rules of
Criminal Procedure and 18 U.S.C. § 3583(e). In support of this Motion, The Petitioner
demonstrates successful re-entry into his community, society and this Honorable Court:
1. The statute governing early termination of supervised release, 18 U.S.C. § 3564(c)^ 3583(e)^,
provides that the court may terminate a term of supervised release "and discharge the
defendant released at any time after the expiration of one year of supervised release,... If it is
satisfied that such actioii Is warranted by the conduct of the defendant released and In the
interest of justice."
2. In July 2022, The Petitioner began a three-year term of supervised release under the
supervision of the United States District Court for the Northern District of Alabama, after having
served a 21 month custodial sentence within the Federal Bureau of Prisons. In March 2023, the
Petitioner sought to be transferred back to the Eastern District of Virginia's U.S. Probation
Office due to his employment and be closer to his son.
^ UNDER 18 U.S.C. §§ 3564(c) and 3583(e)(1), the court may terminate terms of probation in misdemeanor cases
at any time and terms of supervised release or probation in felony cases after the expiration of one year of
supervision, if satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.
As such, early termination is a practice that holds promise as a positive incentive for persons under supervision and
as a measure to contain costs in the judiciary without compromising the mission of public safety
https://www.uscourts.gov/sites/default/files/77_2_2_0,pdf
^ https://www.law.cornell.edu/uscode/text/18/3583
Case 1:21-cr-00005-RDA Document 27 Filed 07/24/23 Page 2 of 5 PageID# 272
3. Since July 2022,The Petitioner has fulfilled all the conditions of his supervised release. He has
a job as a Functional Analyst with a Federal Contracting Firm (Synergy, BIS of Reston, Va.) and
holds a Public Trust Security Clearance. He also has been accepted into Law School and plans to
pursue Ills Law Degree abroad within the United Kingdom beginning in September 2023. The
Petitioner has both a Checkir g and Savings account and has managed to provide for him and his
son throughout his incarceration and supervised release without qualification. Additionally, The
Petitioner has been in mental health therapy through the Veteran's Administration and has
satisfied all personal and legal pecuniary obligations per his conditions of supervised release.
Lastly, The Petitioner has successfully completed his monthly Supervised release reports and
has no incidents or violations while being on Supervised release.
4. The Petitioner, has contacted his supervising U.S. Probation Officer, Ms. Suleiman and
advised her of the instant filing of this motion. Pursuant to § 32.1, compliance with his terms of
supervised release and discussion with Ms. Suleiman, he moves this Honorable Court to
terminate the imposed supervised release. Mr. Stewart has served Ms. Suleiman with a
courtesy copy of the motion by United States Certified Mail.
Under § 3564(c), 3583(e)-the Court must consider the petitioner's pleading with respect to
the best interest of the Public. In weighing this motion -the Court should consider:(a)the
Petitioner's current case at bar,(b)the Petitioner's lack of Criminal History,(c)the Petitioner's
conduct while under Supervised Release,(d)the overall conduct of the Petitioner as it pertains
to the likelihood of re-offending.
Here,The Petitioner was originally sentenced to a 21-month custodial sentence. The Petitioner
was transferred to Supervised release on 22 July 2023 as a result of First Step Act(FSA) earned
time credits (See Exhibit 'D'-In re l:22-cv-294-MHH-JHE Final Order)and having a record that
was devoid of any violation(s) of Bureau of Prison policy, local, state and Federal law(s). As a
result. The Petitioner's timed served was roughly 11 months of his original sentencing order.
Since release, he has held a position of Public Trust, as an Analyst with a Federal Contracting
Firm (See exhibit 'A'-Synergy BIS, LLC-PayStub). In addition, to maintaining employment and
earning $120,000.00 per annum.The Petitioner successfully holds a public trust clearance. The
Petitioner seeks termination of the supervised release, based on his adherence to all conditions
of Supervised release which is consistent with § 32.1; while it Is not required for the Court to
Grant early termination of supervised release, it must consider the aforementioned factors
against the underlying relevant conduct of the petitioner against the overall safety of the
General public. The petitioner proffers that his original conviction was a "Fraud" case and of a
non-violent nature; at time of the filing of this petition - all fines, penalties and restitution has
been paid. This criminal offense was isolated in nature and his criminal history is devoid of a
pattern of criminal activity that would lead the Court to believe he is a threat to society or the
public.
On 23 March 2023-the petitioner was given a tentative job offer that requires a security
clearance upgrade(See Exhibit'B'-Contingent Job Offer.) The petitioner seeks to terminate
supervised release as he currently is in the security clearance process for a clearance upgrade
Case 1:21-cr-00005-RDA Document 27 Filed 07/24/23 Page 3 of 5 PageID# 273
and his current status of being under supervised release is a potential "Disqualifying" event that
will harm his ability to be granted additional eligibility.
H Adjudicated Guideline 31- Guideline'V - Criminal Conduct
[Conditions that could raise a security concern and may be disqualifying include:
(c) individual is currently on parole or probation;
(d) violation or revocation of parole or probation, or failure to complete a court-mandated
rehabilitation program^]
Additionally, the petitioner's conduct throughout the process, both pre-trial, sentencing and
post-conviction has been nothing but exemplary. So much so that the BOP permitted The
Petitioner to be released well in advance of his statutory date. Since release. The Petitioner has
enrolled in Law School(See Exhibit'C - Law School Acceptance letter) and plans to fulfill his
purpose as a defense attorney upon degree conferral. Lastly, with respect to his morale and
legal obligation(s) The Petitioner remitted child support to his minor son both before, while
incarcerated, and post senter.cing at the same level as prior to this case. It is important to not,
that The Petitioner is not listed as the paternal father on the child's birth certificate and did not
have a legal obligation to fulfill duty. The Petitioner, while incarcerated worked multiple jobs to
earn the $800.00 per month to send to his son and did so without qualification.
It is well settled that those who are sentenced by a Court of competent Jurisdiction are legally
bound by the sentence imposed and once an order is issued is final, "Final judgment is the last
decision from a court that resolves all issues in dispute and settles the parties' rights with
respect to those issues. A final judgment leaves nothing to be decided except decisions on how
to enforce the judgment, whether to award costs, and whether to file an appeal. Only once a
final judgment has been made can a party typically file an appeal. A final judgment can exist
even if there is an outstanding motion for a new trial.'*"
However, under Federal Rule of Grim. Procedure 32.1(b) The Court has the authority to exercise
its discretion in granting petitions of relieffrom supervised release when it, "Serves the public's
interest" and is seen as an "incentive" for the petitioner to remain in compliance. Under the
motion at bar it is clear that The Petitioner, has not only met the terms of his supervised release
successfully, but has went.ibove and beyond what is normally asked of an ex-felon. The
Petitioner has proven that rit meets the criteria for early termination of supervised release
based on his good conduct under 18 U.S.C.§ 3564(c), 3583(e).
^ Security Clearance Executive Agent Directive(BEAD)4 at 20
^ https://www.law.cornell.edu/wex/flnalJudgment
Case 1:21-cr-00005-RDA Document 27 Filed 07/24/23 Page 4 of 5 PageID# 274
WHEREFORE, it Is respectfully requested that. In the interests of justice, the Honorable Court
GRANT The Petitioner's motion for early termination of his supervised release pursuant to 18
U.S.C. § 3564(c), 3583(e), and Rule 32.1(b)
Respectfully submitted.
ROBERT S. STEWART,JR.
PRO SE PETITIONER
0
Enclosures
(As Stated)
Case 1:21-cr-00005-RDA Document 27 Filed 07/24/23 Page 5 of 5 PageID# 275
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion To Terminate Supervised Release And
Supporting Memorandum has been served upon both the U.S. Department of Justice located at
2100 Jamieson Ave Alexandria, VA 22314 the United States Probation Office (Eastern District
of Virginia) Located at 401 Courthouse Square, Alexandria, VA 22314,this 23rd Day of July,
2023.
Sincerely,
ROBERTS.STEWART,
PROSE PETITIONER
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