USA v. Talley

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6:23-cr-00002-RAW Document 66
Filed in ED/OK on 05/19/26 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
V.
Case No. CR-23-002-RAW
GREGORY ALLEN TALLEY,
Defendant.
ORDER
Before the court is the Defendant's Motion for Early Termination of Supervised Release [Dkt. No. 60]. For the foregoing reasons, the Motion is DENIED.
On February 9, 2023, the Defendant Gregory Talley pleaded guilty to a single count of indictment, charging him with Possession of a Firearm after Conviction of a Misdemeanor Crime of Domestic Violence, in violation of 18 U.S.C. §§ 922(g)(9) & 924 (a)(8). The court sentenced the Defendant to twelve (12) months and one day of a custodial sentence and three years of supervised release. The Defendant began his term of supervised release on February 23, 2024. The court also imposed a $100 special assessment, which has been paid in full.
Now, after serving approximately half of his supervised release term, Mr. Talley requests early termination. Mr. Talley argues that his supervised release should be terminated because he has consistently maintained employment, sobriety, and community involvement. Dkt. No. 60 at 2. Additionally, Mr. Talley has no reported violations while on supervision.
The government opposes the request based on Mr. Talley's extensive criminal history, which includes multiple DUI's and other arrests and convictions for domestic assault between 1996 and 2021. Additionally, the government points out that granting early termination may create sentencing disparities. The probation office for the Eastern District of Oklahoma reports that Mr.
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AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

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Talley has maintained employment and sobriety while under supervision. Additionally, Mr. Talley
lives with and cares for his disabled brother, who is in a wheelchair. Furthermore, the supervising
officer opines that Mr. Talley is likely not a risk to third parties because he is not involved in a
romantic relationship. The probation office also pointed out that Mr. Talley’s extensive criminal
history was concerning.
The federal sentencing guidelines provide that a court may modify, reduce, or enlarge
conditions of release when warranted by an individualized assessment of the appropriateness of
existing conditions. After one year of supervision has expired, a court may terminate a period of
probation early based on an individualized assessment of the need for ongoing supervision. Early
termination may be granted if it is warranted based on the individual’s conduct and the interest of
justice. USSG § 5D1.4 (a) & (b); 18 U.S.C. § 3583 (e) (1) & (2). Suggested factors that courts may
consider in conducting an individualized assessment are:
(i) any history of court-reported violations over the term of supervision;
(ii) the ability of the defendant to lawfully self-manage (e.g., the ability to
problem-solve and avoid situations that may result in a violation of a
condition of supervised release or new criminal charges);
(iii) the defendant’s substantial compliance with all conditions of
supervision;
(iv) the defendant’s engagement in appropriate prosocial activities and the
existence or lack of prosocial support to remain lawful beyond the period of
supervision;
(v) a demonstrated reduction in risk level or maintenance of the lowest
category of risk over the period of supervision; and
(vi) whether termination will jeopardize public safety, as evidenced by the
nature of the defendant’s offense, the defendant’s criminal history, the
defendant’s record while incarcerated, the defendant’s efforts to reintegrate
into the community and avoid recidivism, any statements or information
provided by the victims of the offense, and other factors the court finds
relevant.
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§ 5D1.4. Modification, Early Termination, and Extension of Supervised Release (Policy
Statement), FCJ Federal Sentencing Guidelines Manual § 5D1.4 (11/1/25).
Additionally, pursuant to 18 U.S.C. § 3564, a court should consider the factors set forth in
§ 3553(a) to the extent they are applicable when determining whether to terminate a term of
probation.
While the court is encouraged by Mr. Talley’s progress and adherence to the terms of
supervised release, the Defendant’s extensive criminal history indicates a pattern of failure to
lawfully self manage. Therefore, based on an individualized assessment of the need for ongoing
supervision, the court finds that early termination is not warranted, nor in the interest of justice to
grant early termination at this time.
Therefore, having considered both the factors suggested by the sentencing guidelines and
the factors laid out in § 3553(a), the motion is DENIED.
IT IS SO ORDERED on this 19th day of May, 2026.
______________________________________
THE HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA
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