Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 JAMES SUN PARK, #015232 2 111 W. Monroe St., Suite 1500 3 Telephone (602) 253-7275 Facsimile (602) 253-7276 4 [email protected] 5 Attorney for Defendant 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 This case represents defendant's only criminal conviction. 23 24 25 Since his placement on probation, defendant has satisfied all of his financial terms; he has paid off his special assessment fee and the restitution that was Pursuant to 18 U.S.C. § 3564(c) and Fed. R. Crim. P. 32.1(c), defendant 19 William Brown moves for early termination of probation. Defendant was placed on three years of probation on March 28, 2005 for defendant's first felony conviction. vs. William H. Brown, Defendant. United States of America, Plaintiff, No. CR 04-0096-PHX-NVW MOTION FOR EARLY TERMINATION OF PROBATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Phoenix, Arizona 85003 Park Law Office, PLC

26 ordered on this case. Defendant also has been compliant with all of his standard and 27 special terms of his probation. 28

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Defense counsel has spoken to Mr. Brown's supervising probation officer, John Mullavey, and Mr. Mullavey agrees that Mr. Brown is a good candidate

4 for early termination. Mr. Mullavey described Mr. Brown as being a model defendant on probation. Mr. Hyder, the assigned Assistant United States Attorney, would like

7 the opportunity to file a response to this request. 8 9 10 Under 18 U.S.C. § 3564(c), the Court may terminate felony probation after one year if the Court is satisfied that the defendant's conduct warrants

11 termination and it is in the interest of justice. As stated earlier, Mr. Brown has been 12 compliant with his conditions of his probation, including being gainfully employed, 13 and has not had any violations. Additionally, at the time Mr. Brown was placed on 14 15 probation, this offense represented a deviation from his life of being a law-abiding 16 17 18 any public interest nor serve any additional purpose under 18 U.S.C. § 3553(a). In 19 contrast, early termination would better serve the interest of public. The resource of 20 the probation office that are being currently channeled to Mr. Brown can be re21 22 directed to individuals who need more monitoring. 23 24 25 from filing of this motion or an order based upon this motion. 26 27 28 2 Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur citizen. Mr. Brown has learned his lesson and continued probation would not serve

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by J.S. Park James Park

Respectfully submitted this 27th day of March, 2005. Park Law Office, PLC

s/ James Sun Park JAMES SUN PARK Attorney for Defendant
Copy of the foregoing Motion to Terminate Probation Early filed via ECF/EM and a copy of the proposed order and motion e-mailed this 27th day of March, 2006 to:

The Honorable Neil V. Wake Sr. United States District Judge Mr. Charles Hyder Assistant U.S. Attorney Copy of the foregoing Motion to Terminate Probation Early mailed this 27h day of March, 2006 to: William Brown

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