United States v. Briones

• Decision Date: 29 June 2022
• Docket Number: 08 Cr. 581 (JFK)
• Parties: UNITED STATES OF AMERICA v. JORGE BRIONES Defendant.
• Court: U.S. District Court — Southern District of New York

UNITED STATES OF AMERICA
v.
JORGE BRIONES Defendant.

No. 08 Cr. 581 (JFK)

United States District Court, S.D. New York

June 29, 2022

APPEARANCES

FOR DEFENDANT JORGE BRIONES: Pro Se

FOR THE UNITED STATES OF AMERICA: Michael D. Maimin U.S. ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF NEW YORK

OPINION & ORDER

JOHN F. KEENAN, UNITED STATES DISTRICT JUDGE

Before the Court is Defendant Jorge Briones' ("Briones") pro se motion for early termination of supervised release ("Motion") pursuant to 18 U.S.C. § 3583(e). The Government opposes the Motion. For the reasons set forth below, Briones' Motion is DENIED.

I. Background

On February 3, 2009, Briones pled guilty pursuant to a plea agreement to one count of conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 841(b)(1)(B), 846, and one count of distributing and possessing with intent to distribute 500 grams and more of cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B). (Judgment, ECF No. 100.) The

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charges stemmed from Briones' participation in a large drugtrafficking and money-laundering enterprise, which imported significant quantities of cocaine from Puerto Rico into the New York City metropolitan area. (Presentence Report (“PSR”), ¶ 13, filed under seal.) Of particular relevance to the instant motion, Briones was on parole for a 2003 drug-trafficking offense when he engaged in the offense conduct that resulted in his 2009 plea. (Id. ¶¶ 58-59.)

On October 22, 2009, the Court sentenced Briones to a below-Guidelines sentence of 156 months' imprisonment to be followed by five years of supervised release. Following a retroactive amendment to the U.S. Sentencing Guidelines, Briones filed a motion for reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). (Motion for Sentencing Reduction, ECF No. 144.) The Government consented to Briones' request and the Court reduced Briones' sentence from 156 to 135 months' imprisonment. (March 10, 2016, Order Reducing Sentence, ECF No. 151.)

On September 18, 2018, Briones was released from the custody of the Bureau of Prisons and began serving his term of supervised release. On August 10, 2021, Briones filed the instant Motion seeking early termination of his supervised release. (Motion for Early Termination of Supervised Release, ECF No. 182.) In response, the Government filed a letter

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opposing Briones' request on September 8, 2021. (Letter in Opposition (“Oppo.”), ECF No. 184.) On November 18, 2021, the Court received a petition from the United States Probation Office requesting that the Court terminate the remainder of Briones' term of supervision. (Request for Early Termination of Supervised Release.) The Court denied the Probation Office's request on November 22, 2021. (Judicial Response, ECF No. 185.) As of this writing, Briones has completed 45 of his 60 months of supervision. His term of supervised release is scheduled to expire on September 17, 2023.

II. Discussion

A. Legal Standard

18 U.S.C. § 3583(e)(1) provides that a court may, after considering a subset of the factors listed in 18 U.S.C. § 3553(a), “terminate a term of supervised release . . . at any time after the expiration of one year of supervised release . . . if [the court] is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.” 18 U.S.C. § 3583(e)(1). The § 3553(a) factors that the Court must consider include: “(1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need to deter criminal conduct; (3) the need to protect the public from further...