Order — United States v. Malaya Welch (Western District of Arkansas, Document 4, filed April 21, 2021)
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Order in United States v. Malaya Welch, Case No. 4:19-cr-40021, in the United States District Court, Western District of Arkansas, Texarkana, Document 4, filed April 21, 2021. The Court states that pro se Defendant Malaya Welch's Motion for Early Termination of Supervised Release (ECF No. 2) is before it, that the defendant was sentenced on April 15, 2019 to time served (20 days) and three (3) years of supervised release, and that the United States Probation Office notified the Court that the defendant has maintained full-time employment and complied with all conditions of supervised release. The Court grants the motion under 18 U.S.C. § 3583(e)(1) and states that the term of supervised release is terminated.
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“Order — United States v. Malaya Welch (Western District of Arkansas, Document 4, filed April 21, 2021).”
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Case 4:19-cr-40021-SOH Document 4 Filed 04/21/21 Page 1 of 2 PageID #: 31
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA
UNITED STATES OF AMERICA PLAINTIFF
v. Case No. 4:19-cr-40021
MALAYA WELCH DEFENDANT
ORDER
Before the Court is pro se Defendant Malaya Welch’s Motion for Early Termination of
Supervised Release. ECF No. 2. The government has filed a response. ECF No. 3. The Court
finds the matter ripe for consideration.
On September 25, 2018, Defendant was named in a seven-count Indictment filed in the
Southern District of Texas. ECF No. 1, p. 14. On October 29, 2018, pursuant to a plea agreement,
Defendant pleaded guilty to conspiracy to transport an undocumented alien within the United
States, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii), 1324(a)(1)(A)(v)(I), and 3214(a)(1)(B)(i).
On April 15, 2019, Defendant was sentenced to time served (20 days) and three (3) years of
supervised release. ECF No. 1, pp. 19-25. On November 14, 2019, the jurisdiction of Defendant
was transferred from the Southern District of Texas to this Court.
On March 9, 2021, Defendant filed the instant motion. Defendant requests early
termination of her supervised release, citing her good behavior since her release from
imprisonment and medical issues. Defendant states that she has complied with all requirements
of her supervised release.
The United States Probation Office (“USPO”) has notified the Court that Defendant has
maintained full-time employment, complied with all conditions of supervised release, and bettered
herself through outpatient services. The USPO also notes that Defendant has no criminal history
Case 4:19-cr-40021-SOH Document 4 Filed 04/21/21 Page 2 of 2 PageID #: 32
other than the instant offense, which demonstrates that the instant offense was an isolated event.
Defendant has served approximately twenty-four months (24) of the imposed thirty-six months of
supervised release.
A district court may terminate supervised release “if it is satisfied that such action is
warranted by conduct of the defendant released and the interest of justice.” 18 U.S.C. § 3583(e)(1).
In making its determination, the Court must consider factors set forth under 18 U.S.C. § 3553(a),
to the extent they are applicable. Section 3553(a) factors include, among others, the nature and
circumstances of the offense, the history and characteristics of the defendant, and the need to
provide the defendant with correctional treatment in the most efficient manner.
The Court finds that, after consideration of the above-referenced factors, the instant motion
(ECF No. 2) should be and hereby is GRANTED based upon Defendant’s conduct and the
interests of justice. Defendant’s term of supervised release is hereby terminated.
IT IS SO ORDERED, this 21st day of April, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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