Order — United States v. Jason E. Spengler (Southern District of Illinois, Document 24)

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An Order filed February 21, 2023, in United States v. Jason E. Spengler, Case No. 3:21-cr-30058-DWD, U.S. District Court for the Southern District of Illinois (Document 24). The Order states that the Defendant pled guilty to Count I of the Information, a False Statement under 18 U.S.C. § 1001, and was sentenced on August 18, 2021 to 36 months of probation, a special assessment of $100, restitution in the amount of $310,343.15, and 150 hours of community service. It states that the Government does not object to a termination of probation on or after February 18, 2023. The Court finds that early termination of probation is warranted, grants the Motion for Early Termination of Probation, and terminates the Defendant's probation immediately.

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Case 3:21-cr-30058-DWD Document 24 Filed 02/21/23 Page 1 of 2 Page ID #130




                      IN THE UNITED STATES DISTRICT COURT
                     FOR THE SOUTHERN DISTRICT OF ILLINOIS

 UNITED STATES OF AMERICA,                     )
                                               )
        Plaintiff,                             )
                                               )
 vs.                                           )   Case No. 3:21-cr-30058-DWD
                                               )
 JASON E. SPENGLER,                            )
                                               )
        Defendant.                             )

                                          ORDER

DUGAN, District Judge:

       On April 28, 2021, Defendant waived indictment and pled guilty to Count I of the

Information (Doc. 2), which charged a False Statement under 18 U.S.C. § 1001. The charge

related to Defendant’s untruthful representation, on an application for a Paycheck

Protection Plan loan, that he was not involved in bankruptcy proceedings. On August 18,

2021, Defendant was sentenced to 36 months of probation, a special assessment of $100,

restitution in the amount of $310,343.15, and 150 hours of community service. (Doc. 21).

       Now, Defendant presents a Motion for Early Termination of Probation (Doc. 23).

18 U.S.C. § 3564(c) governs, stating: “The court, after considering the factors set forth in

section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of

the Federal Rules of Criminal Procedure relating to the modification of probation,

terminate a term of probation previously ordered and discharge the defendant…at any

time after the expiration of one year of probation in the case of a felony, if it is satisfied

that such action is warranted by the conduct of the defendant and the interests of justice.”
Case 3:21-cr-30058-DWD Document 24 Filed 02/21/23 Page 2 of 2 Page ID #131




       Here, Defendant notes he repaid all unspent funds before he was charged in this

case. (Doc. 23, pg. 1). Defendant further notes he satisfied the full amount of restitution

before his sentencing. (Doc. 23, pg. 1). Defendant also believes he completed the Court-

ordered community service and committed no violations of probation. (Doc. 23, pg. 2).

Finally, Defendant submits, as noted in the Government’s sentencing memorandum

(Doc. 16), the funds were used for “legitimate payroll expenses” and not “lavish personal

purchases.” (Doc. 23, pg. 2). The Government does not object to a termination of

probation on or after February 18, 2023, which marks half of the term of probation.

       Upon consideration of these circumstances, as stated in the Motion for Early

Termination of Probation, and §§ 3564 and 3553(a), the Court FINDS an early termination

of probation is warranted by Defendant’s conduct and the interests of justice.

Accordingly, the Court GRANTS the Motion for Early Termination of Probation.

Defendant’s probation is TERMINATED immediately.

       SO ORDERED.

       Dated: February 21, 2023




                                                        ____________________________
                                                        DAVID W. DUGAN
                                                        United States District Judge


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