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

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LAW OFFICES

O. JOSEPH CHORNENKY, P.C.
ATTORNEYS AND COUNSELORS AT LAW 301 E. BETHANY HOME ROAD SUITE A-209 PHOENIX, ARIZONA 85012

(602) 264-3289

#002782 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) TERRILL RANDOLPH REES, III, ) ) ) Defendant. ) ____________________________________) UNITED STATES OF AMERICA, No. CR 02-959-PHX-ROS

MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

Defendant, TERRILL R. REES, III , by and through his undersigned counsel, and for the reasons stated in the attached Memorandum, does hereby respectfully request that this Court issue its Order terminating supervised release in this matter. United States District Court Senior Probation Officer B. Pamela Seider is aware of this request and does not object to the early termination of Mr. Rees's supervision in this cause number. Assistant United States Attorney Paul Rood, the prosecutor in this matter, has stated that he supports the position taken by the supervising probation officer. RESPECTFULLY SUBMITTED this 12th day of July, 2006. O. JOSEPH CHORNENKY, P.C.

By____________________________ O. Joseph Chornenky

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1 MEMORANDUM 2 DISCUSSION 3 Defendant, Terrill Randolph Rees, in 2003, entered a plea of guilty to Count 1, Possession 4 of Firearms by a Felon, in violation of 18 U.S.C. 922(g)(1), a Class C Felony. On May 19, 2003, 5 Defendant was sentenced by this Court to 30 months of incarceration with a subsequent three and 6 one-half year term of supervised release. 7 Mr. Rees was released from prison on October 4, 2004, to a halfway house. As Mr. Rees 8 tells this Court in his attached letter (Attachment A), he secured employment the second day after 9 entering the halfway house. Mr. Rees was hired by Century One Builders of Arizona, Inc., at the 10 entry level of telemarketer in their call center. 11 Upon release from the federal halfway house, on April 15, 2005, Mr. Rees began serving the 12 three and one-half year term of supervised release to which he was sentenced by this Court. 13 Accordingly, his supervised release term will end in October of 2008. 14 Through Mr. Rees's own dedication and commitment to raise himself above the level to 15 which he had sunk, Mr. Rees applied himself to his employment so admiringly that, in less than two 16 years, he has been promoted from entry level, through `the ranks,' to Vice President and Director of 17 Advertising in that same company. Mr. Rees's employer and the company owner, Mr. Larry 18 Eiteljorg, has written to confirm Mr. Rees's value and commitment to his job. (Attachment B). 19 Of great significance is the esteem in which Mr. Rees is held by his former immediate 20 supervisor and co-worker, Ms. Dawn Burke. In her letter to the Court, Ms. Burke details the 21 responsibility and trustworthiness Mr. Rees has exhibited from the very start of his employment. 22 (Attachment C) Ms. Burke has observed Randy under very stressful circumstances, working many 23 long hours on the road, and continues to praise his commitment to excellence. 24 From the time of sentencing, in May 2003, Randy has worked diligently to improve himself 25 and ensure the most positive results from his sentence requirements. As explained in his letter, while 26 incarcerated, Randy enrolled in and successfully completed classes intended to expand his 27 knowledge and abilities. (Attachment D) What is so very impressive is that Randy also chose to 28 2

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dedicate himself to "The Insiders Prison Education Awareness Program" as part of which, he joined with youth sentenced to the Arizona Department of Corrections Juvenile Facility and spoke to target audiences about the terrible consequences of involvement in criminal activity. (Attachment E) Even though Mr. Rees's sentence does not require community service, he continues to volunteer with the juvenile probation officials in order to develop an Insiders Program similar to the federal program in which he participated. In doing so, Mr. Rees states that he is seeking to express his appreciation to the federal government for his own opportunity to restore himself to the position of being a law abiding, contributing member of his community. The special need Mr. Rees has at this time arises out of his employment opportunity to travel in order to increase sales for his company. As Mr. Rees explains in his letter, his promotion has required that he travel to at least four, if not all, of the seven States in which his company is licensed. As a "probationer," each time he is to travel, he is required to receive special permission from his Probation Officer, Ms. Pamela Seide. Mr. Rees attests to this Court that Senior Probation Officer Seide has been very supportive of him and has invested extra time and energy in his supervision, including the extensive paperwork she has had to complete for his travel permits. It is for that reason that Mr. Rees respectfully requests that the Court terminate his supervised release and allow him to continue to work for the increased success of his employer's company and accept the additional responsibilities for which travel is required. Additionally, Mr. Rees's request is that he be allowed now to put behind him this negative period of his life. CONCLUSION Defendant, Randy Rees, has clearly displayed commitment and trustworthiness in serving the sentence imposed by this Court. Mr. Rees has demonstrated, from the very beginning, his desire to return to his life as a productive, law abiding member of the community. Mr. Rees's commitment has been confirmed by his employer of almost two years, his previous supervisor and now co-worker of almost two years, and his Senior Adult Probation Officer. For those reasons, it is respectfully requested that this Court enter its Order terminating Mr. Rees's supervised release.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 B. Pamela Seider Senior U.S. Probation Officer 230 North First Ave, Ste. 406 Phoenix, AZ 85003 ______________________ Mr. Paul Rood Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Copy of the foregoing delivered this 12th day of July, 2006, to: Honorable Roslyn Silver United States District Court Judge 401 West Washington Phoenix, Arizona 85003 By____________________________ O. Joseph Chornenky RESPECTFULLY SUBMITTED this 12th day of July, 2006. O. JOSEPH CHORNENKY, P.C.

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) TERRILL RANDOLPH REES, III, ) ) ) Defendant. ) ____________________________________) FOR GOOD CAUSE SHOWN,

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No. CR 02-959-PHX-ROS

ORDER

IT IS HEREBY ORDERED that supervised release in this matter is terminated and 11 Defendant, TERRILL RANDOLPH REES is discharged from supervised release. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ______________________________ The Honorable Roslyn Silver Judge of the U.S. District Court

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