USA v. Sepulveda et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA,
v.
GIOVANNI LARA,
Defendant.
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No. 95-cr-75-08-JJM-PAS
ORDER
Giovanni Lara has moved this Court under 18 U.S.C. § 3583(e)(1) to grant him
early termination, after almost three years of his five-year period of supervised
release. ECF No. 1423. The government objects. ECF No. 1424.
The applicable statute states:
(e) Modification of conditions or revocation. – The court may, after
considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C),
(a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)–
(1) terminate a term of supervised release and discharge the
defendant released at any time after the expiration of one year of
supervised release, pursuant to the provisions of the Federal
Rules of Criminal Procedure relating to the modification of
probation, if it 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 Court needs to be satisfied that Mr. Lara’s conduct on supervised released
is sufficiently positive, and that the interest of justice would be served, for the Court
to reduce a period of supervised release.
Mr. Lara sets forth the following in support of his motion:
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1. 	He has “complied with every reporting requirement, condition, and directive of
the Probation Office.” (ECF No. 1423 at 3).
2. 	He has maintained employment throughout all his period of supervision. (
Id.
at 3-4).
3. 	He has job advancement opportunities. (
Id. at 5).
4. 	He lives with his elderly mother and provides significant care for her. (
Id. at 4).
5. 	His probation officer has expressed positive support for Mr. Lara to the Court.
6. 	He has significant community support. 	(ECF Nos. 1423-1; 1423-2, and 1423-
3).
7. 	He completed mental health and substantive abuse assessments and was not
recommended for services. (ECF No. 1424 at 4).
8. 	He has made consistent monthly payments towards his restitution since his
release (and that will continue to be collected post supervision).
9. 	He has had no adverse contact with the law enforcement.
The government, in objecting to the motion, does not contest any of the positive
aspects of Mr. Lara’s life on supervision, but it asserts that “any reduction could be
an affront to the family of the victim, and wholly against the interest of justice.”
	Id.
at 4.1
1 “The expansive phrases ‘conduct of the defendant’ and ‘interest of justice’
make clear that a district court enjoys discretion to consider a wide range of
circumstances when determining whether to grant early termination.”
United States
v. Emmett, 749 F.3d 817, 819 (9th Cir. 2014) (citing
United States v. Pregent, 190
F.3d 279, 283 (4th Cir. 1999)).
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Mr. Lara has met the first criteria–that early termination is warranted by his
conduct. Mr. Lara has not only stayed away from any bad behavior, but he has also
taken steps to steer his life in a positive direction – e.g., a good job, caring for his
mother, substance-free, community engagement. He has also met the second criteria
– the interest of justice. It does not serve the interest of justice to continue someone
on supervised release when they no longer need either the watchful eye of probation,
or the supportive services probation offers. To keep someone on probation beyond the
time necessary, wastes probation’s limited resources, and takes them away from their
excellent work supervising those who still pose a risk, or are still in need of services.
Because Mr. Lara has shown to the Court that his conduct warrants early
termination, and because it is in the interest of justice to do so, the Court GRANTS
his Motion for Early Termination of Supervised Release. ECF No. 1423.
IT IS SO ORDERED.
s/John J. McConnell, Jr.
_________________________________
John J. McConnell, Jr.
Chief Judge
United States District Court
February 25, 2026
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