Free Motion for Early Termination of Probation - District Court of Colorado - Colorado

Case 1:01-cr-00012-RPM

Document 58

Filed 09/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00012-RPM UNITED STATES OF AMERICA, Plaintiff, v.

BRIAN CATHEY, Defendant. ______________________________________________________________________ MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE _______________________________________________________________________ COMES NOW the defendant Brian Cathey, by and through counsel, Assistant Federal Public Defender, Robert W. Pepin, moves this Court to order termination of his supervised release sentence prior to the completion of his entire period of supervision. As grounds Mr. Cathey provides as follows: 1. On May 3, 2001 Mr. Cathey pled guilty to having violated 18 U.S.C.

922(g)(1) by possessing a firearm after being convicted of a felony. He was sentenced on September 21, 2001. 2. The judgement, entered on October 2, 2001, ordered that Mr. Cathey

serve 60 months in the custody of the Federal Bureau of Prisons and that he be on supervised release for a term of 3 years. 3. Mr. Cathey served his prison sentence and was released on March 8,

2006. He started his term of supervised release immediately and has served approximately one year and four months of the term as of July, 2007.

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4.

Mr. Cathey is working cleaning construction sites and other business

locations for a company called All Business Cleaning. That company is registered with the Colorado Secretary of State and is partially owned by Mr. Cathey's girlfriend. 5. Mr. Cathey has incurred no violations while on supervised release. He has

had no "dirty" urine screens. He has maintained contact with his supervising probation officer. Mr. Cathey has been supervised, out of Colorado Springs, by both Sarah Walker and James Murphy. Mr. Murphy took over when Ms. Walker left the U.S. Probation office. 7. Ms. Walker informed counsel, before she left, that Mr. Cathey had not had

any real issues while on probation but that it was unlikely that she could affirmatively recommend early termination due to Mr. Cathey's record. 8. Mr. Murphy informed counsel that Mr. Cathey records his residence at his

sister's house in Colorado Springs but that he spends many nights at his girlfriend's home in Pueblo. Mr. Murphy knows the location of both homes however would prefer that Mr. Cathey change the recorded address to his girlfriend's home. Mr. Cathey insists that his real home is at his sisters. This has not lead to violations or real issues but does make it more difficult for Mr. Murphy to arrive unannounced at Mr. Cathey's home. Mr. Murphy also notes, as reported above, that Mr. Cathey's boss is also his girlfriend. Mr. Murphy reports that he cannot affirmatively recommend early termination from supervised release because of the scoring resulting from Mr. Cathey's record. 9. Title 18, United States Code, Section 3583(e)(1) provides that the Court

may "terminate a term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that 2

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such action is warranted by the conduct of the defendant released and the interest of justice. " 10. Mr. Cathey's conduct has been solidly within that expected of any citizen.

He is working lawfully, complying with the rules of his supervised release, spent approximately four and a half years in prison, and maintains his family responsibilities. Mr. Cathey struggled with the use of marijuana since the time he was seventeen years old and has spent the last year and four months with clean, random examinations. He has an aunt and uncle who live and work in Arizona. When his supervised release is completed Mr. Cathey would like to relocate to Arizona, live with his aunt and uncle and work with them in their business where he will have additional opportunities. 11. It is time for Mr. Cathey to move forward. He has worked cleaning

construction sites to maintain the good standing with his supervised release and now wishes to move on to a place with more expansive opportunities and a defined support system. The best way for that to happen is to allow his early, successful termination from supervised released so that he can move to Arizona and start the next phase of his life. 12. Assistant U.S. Attorney Suneeta Hazra prosecuted Mr. Cathey. She is on

maternity leave so counsel has contacted her supervisor, AUSA Phil Brimmer to determine the Government's position regarding Mr. Cathey's request of early termination. As of yet counsel does not know Mr. Brimmer's position.

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Wherefore, Brian Cathey moves this Court to order termination of his supervised release sentence prior to the completion of his entire period of supervision. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Robert W. Pepin ROBERT W. PEPIN Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on September 25, 2007, I electronically filed the foregoing MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Suneeta Hazra, Assistant U.S. Attorney [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant's name:

Phil Brimmer, Assistant U.S. Attorney [email protected]

(Via email)

s/ Robert W. Pepin ROBERT W. PEPIN Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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