Letter to Judge Gardephe, Request for Early Termination of Supervised Release (S.D.N.Y., Dkt. 8)

Summary

A letter dated October 18, 2023, from Southern District Federal Defenders of New York to the Honorable Paul G. Gardephe, filed as Document 8 in United States v. Franklin Grullon, Case 1:23-cr-00106-PGG. The letter, over the signature /s/ Marne L. Lenox, Esq., requests early termination of Franklin Grullon's supervised release and states that neither the government nor probation object. It recounts a February 2019 sentence of 36 months' incarceration followed by three years of supervised release imposed in the District of New Jersey, a motion filed there on August 18, 2023, and its dismissal without prejudice after transfer. It also describes suspended Uber and Lyft driving accounts. The letter bears the notation "Application is granted." over the name Paul G. Gardephe, U.S.D.J.

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Case 1:23-cr-00106-PGG Document8 Filed 10/24/23 Page 1 of 3

Southern District
Federal Defenders 52 Duane Street-10th Floor, New York, NY 10007
OF NEW YORK, INC. Tel: (212) 417-8700 Fax: (212) 571-0392
David E. Parton Southern District of New York
Executive Director Jennifer L. Brown
October 18, 2023
BY ECF

The Honorable Paul G. Gardephe 7 oy in phi

United States District Judge 'e Application is granted.

Southern District of New York SO QRDERED: »
40 Foley Square A DorkA
New York, NY 10007 Paul G. Gardephe, U.S.D.J.

RE: United States v. Franklin Grullon
23 Cr. 106 (PGG)

Dear Judge Gardephe:

I write in the above-captioned matter to respectfully request early termination of Franklin
Grullon’s supervised release. Over the past 23 months, Mr. Grullon has complied with the
conditions of supervised release and made great strides in rehabilitation. By all accounts, he is a
model supervisee who is no longer in need of supervision. Neither the government nor probation
object to this request.

Following Mr. Grullon’s guilty plea to a narcotics conspiracy, in February 2019, Judge
Stanley R. Chesler in the District of New Jersey imposed a sentence of 36 months’ incarceration
followed by three years of supervised release. United States v. Grullon, 18 Cr. 484 (SRC) (D.N.J.),
Dkt. 21. Mr. Grullon was released from prison in November 2021, when he began his three year
term of supervised release. See Ex. A at 2. Mr. Grullon has now completed nearly two years of his
supervised release sentence. In that time, he has proved an exemplary supervisee. The statutory
purposes of Mr. Grullon’s supervision have been served. It is now appropriate for that supervision
to be terminated.

* * *

On August 18, 2023, Franklin Grullon filed a motion for early termination of supervised
release in the District of New Jersey. Ex. A. In response, the Court issued an order noting that Mr.
Grullon’s case had been transferred to the Southern District of New York. Ex. B. Accordingly, the
Court dismissed Mr. Grullon’s motion without prejudice, with instructions to refile the motion in
Case 1:23-cr-00106-PGG Document8 Filed 10/24/23 Page 2 of 3

the Southern District of New York. Jd. Mr. Grullon now moves for early termination of supervised
release in the proper jurisdiction.

As set forth in his original motion, Mr. Grullon is eligible for early termination of
supervised release. See Ex. A. And he remains committed to lawfully supporting his family,
including his wife, Lucinlendey, and their 12-year-old daughter, Lisbel. Jd. To that end, when Mr.
Grullon first began his term of supervised release, he secured employment as a driver for Uber and
Lyft. Unexpectedly, Mr. Grullon’s driving accounts were unceremoniously suspended. The
companies advised that because Mr. Grullon was on supervised release, they considered him to
have an “open” criminal case; he was no longer permitted to drive for Uber and Lyft. Mr. Grullon
was informed that he may not apply for the suspension to be lifted until he has completed his term
of supervised release.

Undeterred, Mr. Grullon sought different work. See Ex. A at 4-5. But a career as a driver
remains his priority. Recently, Mr. Grullon was offered a more lucrative position as a truck driver,
work that would require him to travel to various states along the East Coast—MD, Washington,
DC, PA, RI, CT, MA—which he simply cannot do while on supervised release. With regret, he
declined the more profitable work. Once he completes his term of supervision and is able to travel
freely, Mr. Grullon plans to reapply for the truck driver position.

The travel restrictions imposed by supervised release present an additional hurdle to Mr.
Grullon’s rehabilitation—the limitations inhibit his ability to reconnect with family. Mr. Grullon
has a number of close relatives who reside out of state, but because of his supervised release, he
has been shy to make repeated requests for permission to visit his loved ones. This has kept him
from celebrating milestone events with his family, including weddings. Mr. Grullon looks forward
to being able to travel without restriction, especially internationally, as he has family in the
Dominican Republic.

Over the past two years, Mr. Grullon has developed an impressive record of compliance
with his conditions of supervision. As the government and probation agree, further supervision is
unnecessary to achieve the aims of supervised release. Accordingly, we request that the Court
terminate Mr. Grullon’s supervised release.
cc:

Case 1:23-cr-00106-PGG Document 8 Filed 10/24/23 Page 3of3

Thank you for your consideration of this request.

Counsel of Record
Brittany Valentine, U.S. Probation Officer

Respectfully submitted,

/s/
Marne L. Lenox, Esq.

Counsel for Franklin Grullon


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