USA v. Lingo et al

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
UNITED STATES OF AMERICA 	)
)
v. 	) 	No. 2:20-CR-33-2
)
BRAXTON E. GAITOR 	)
MEORANDUM OPINION AND ORDER
This matter is before the Court on Defendant Braxton E. Gaitor’s Pro Se Motion for Early
Termination of Supervised Release [Doc. 209], and the United States’s Response in Opposition
[Doc. 210]. In August 2021, Ms. Gaitor pleaded guilty to maintaining a dwelling for the purpose
of distributing and using Schedule I and Schedule II controlled substances, in violation of 21
U.S.C. § 856(a)(1). [Plea Agreement, Doc. 107]. She was sentenced to 27 months’ imprisonment
and a term of 3 years of supervised release. [Judgment, Doc. 188, at 2-3]. Ms. Gaitor now moves
the Court for early termination of her term of supervised release, which began in July 2024. [Def.
Mot., Doc. 209]. In support of her motion, she provides that she has maintained consistent, full-
time employment, has successfully completed a phlebotomy program, and is currently enrolled in
an LPN program. [Id. at 1]. She further states that she has “maintained communication with her
probation officer, complied with the conditions of supervision, and demonstrated measurable
progress toward rehabilitation.” [Id.].
The United States Probation Office for the Eastern District of Tennessee has responded in
opposition to Ms. Gaitor’s motion, citing her communication with her co-defendant, JanMichael
Lingo, which was (and is, if ongoing) in violation of her conditions of supervision. Likewise, the
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United States Attorney’s Office opposes early termination of Ms. Gaitor’s term of supervised
release citing the same violation. [U.S. Resp., Doc. 210, at 1-2].
While the Court commends and encourages Ms. Gaitor for her progress and effort throughout
her term of supervised release, the decision to terminate a defendant’s supervised release lies
exclusively in the Court’s discretion. United States v. Atkin, 38 F.App’x 196, 198 (6th Cir. 2002).
Once a defendant has completed one year of her term of supervised release, the Court may – in its
discretion – terminate the remainder of that term if, after considering the relevant factors under 18
U.S.C. § 3553(a), “it is satisfied that such action is warranted by the conduct of the defendant
released and the interest of justice.” 18 U.S.C. § 3582(e)(1).
Having considered the relevant factors under § 3553(a), which the Court need not address in
detail, the Court is not satisfied that Ms. Gaitor’s conduct and the interest of justice warrant early
termination of her supervision. See United States v. Suber, 75 F. App’x 442, 444 (6th Cir. 2003)
(rejecting the argument that a district court, when denying a request for early termination, has to
provide more than a general statement of its reasons under § 3553(a)’s factors). Ms. Gaitor’s
communication with her co-defendant, which the Court was made aware of through an unrelated
proceeding, concerns the Court.
The Court finds that continuation of Ms. Gaitor’s supervision is necessary to reflect the
seriousness of the offense, promote respect for the law, and to afford adequate deterrence to
criminal conduct. Therefore, Ms. Gaitor’s Motion for Early Termination of Supervised Release
[Doc. 209] is DENIED.
So ordered.
ENTER:
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s/ J. RONNIE GREER
UNITED STATES DISTRICT JUDGE
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