USA v. STEPHEY

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:18-cr-00161-TWP-DML
)
JOSHUA ALLEN STEPHEY, 	) 	-01
)
Defendant. 	)
ORDER ON MOTION FOR EARLY TERMINATION
This matter is before the Court on Defendant Joshua Stephey's ("Stephey") pro se letter
which has been docketed as a Motion for Early Termination of Supervised Release (Dkt. 7). For
the reasons explained below, the Motion is denied.
I. 	DISCUSSION
On July 7, 2015, Stephey was convicted in the United States District Court for the Western
District of Washington of Possession of Child Pornography in violation of 18 U.S.C. §§
2252(a)(4)(B) and (b)(2) and sentenced to 48 months’ imprisonment and fifteen years of
supervised release. (Dkt. 11). Stephey began supervised release on February 16, 2018. (Dkt. 9).
In his motion, Stephey writes that he has successfully completed substance abuse treatment
and sexual addiction treatment, engaged in therapy, maintained stable housing, and maintained
employment. (Dkt. 7). Over the past eight years, he has complied with the conditions of supervised
release except for one violation, when he consumed CBD for anxiety. Id. 	Stephey seeks early
termination of supervision because he was recently informed by his probation officer that he can
"no longer do much of [his] job" which consists of running his own lawncare business servicing
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both commercial and residential clients. Id. In the alternative, if early termination is denied, he
asks that the Court allow him to continue with his residential lawn care business. Id. at 2.
A court may grant early termination “after one year of supervised release has elapsed and
after the court considers certain factors in 18 U.S.C. § 3553(a), if the defendant’s conduct and the
interests of justice so warrant.” United States v. Lowe, 632 F.3d 996, 998 (7th Cir. 2011). The
defendant has the burden of demonstrating early termination is appropriate, and must show that he
has done exceptionally well, or that complying with the terms of supervised release poses an undue
hardship. United States v. White, 2012WL5198364, at *2, (E.D.Wis. Oct. 19, 2012)(citing cases)).
The language permitting early termination in 18 U.S.C. § 3583(e)(1) “is discretionary, and the
district court has wide discretion in determining whether to terminate an individual’s term of
supervised release.” United States v. Hook, 471 F.3d 766, 771 (7th Cir. 2006).
The Government opposes early termination of Stephey's supervised release citing the
serious nature and circumstances of the instant offense and the relevant factors under 18 U.S.C. §
3553. (Dkt. 11). The Government points out the serious nature of the offense, as Stephey's child
pornography collection included extremely graphic and disturbing images of children as young as
two, engaging in sexual acts with adults, animals, and children. The Government also opposes
Stephey's request to continue his residential lawncare services, stating "[g]ranting his motion
would make full compliance with the terms of his supervised release nearly impossible and give
the defendant potentially unfettered access to minor children and/or unmonitored electronic
devices." Id. at 4.
The probation officer confirms that while under supervision, Stephey has only had one
instance of noncompliance, a positive drug screen on May 24, 2023 for cannabinoid use. (Dkt. 9).
The probation officer further reports Stephey has completed 17 polygraph examinations while
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under supervision, and of those 17 examinations, he has failed twice. The first on August 17, 2022,
after using illegal drugs in March 2022; the second on October 24, 2024 after he bought a new
phone two months prior to the examination and used it before monitoring software was installed.
In addition, since beginning supervision, Stephey has admitted to approximately five hands-on
victims and disclosed instances of masturbation to killing, choking, inflicting pain, and kidnapping
or restraining male and female children and female adults. Id. at 1. The probation officer believes
early termination of supervision when paired with the risk factors noted above precludes early
termination of supervision.
The Court applauds Stephey for his continued rehabilitative efforts; however, the Court
gives great weight to the recommendation of the probation officer, who works closely with him.
The probation officer believes Stephey could continue to benefit from supervision to address any
concerning thought patterns or behaviors that may arise, and therefore protect the public from any
future crime. Id at 2. The Court also declines Stephey's alternative request to permit his lawn care
business. The Court agrees with the probation officer that there is no mechanism to ensure that
Stephey will have no direct or indirect contact with children during the course of his work at
residential homes. Id. At present, early termination of Stephey's supervised release is not in the
interest of justice, so his motion is denied.
II. CONCLUSION
For the reasons explained above, Stephey's Motion for Early Termination of Supervised
Release, Dkt. [7] is DENIED without prejudice.
IT IS SO ORDERED.
Date: 	2/6/2026
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Distribution:
Samantha Spiro
DOJ-USAO
samantha.spiro@usdoj.gov
Electronic Notice to USPO
Joshua Stephey
510 S Graham St
Martinsville, IN 46151
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