USA v. Thomas et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
vs. 	) 	CRIMINAL ACTION 1:06-00138-KD-C
)
JAMES E. HIVES, 	)
)
Defendant. 	)
ORDER
This matter is before the Court on defendant James E. Hives’ pro se motion for early
termination of supervised release term (Doc. 196). On August 17, 2006, Hives pleaded guilty to
Count 2 of the Indictment, which charged conspiracy to possess with intent to distribute cocaine
in violation of 21 U.S.C. § 846. (Doc. 114). On February 22, 2007, Hives was sentenced to a
term of 43 months in prison, followed by a term of 4 years of supervised release. (Doc. 169).
Title 18 U.S.C. § 3583(e)(1) permits the Court to terminate a term of supervised release
at any time after a defendant has completed at least one year of supervised release if the Court is
satisfied that such action is 1) warranted by the conduct of the defendant and 2) is in the interest
of justice. In making this determination, the Court is directed to consider the factors set forth in
18 U.S.C. § 3553(a), to the extent they are applicable.
The Court has considered the supervising probation officer’s recommendation for early
termination and the § 3553(a) factors. The officer reports that Hives has completed
approximately 32 months of his supervised release term, during which he has successfully
completed outpatient drug treatment and an extensive urinalysis program, has remained
employed, and has reported and submitted monthly report forms when and as instructed by the
officer. The officer has also spoken with the Government, who expressed no objection to the
Case 1:06-cr-00138-KD-M Doc# 197 Filed 08/04/11 Page 1 of 2 PageID#
<pageID>

2
motion for early termination. Upon consideration, the Court finds that early termination of
Hives’ supervised release term is warranted by his conduct and in the interest of justice.
Pursuant to Federal Rule of Criminal Procedure 32.1(c), no hearing is required on this matter
because the Government does not object to the termination.
Accordingly, it is hereby ORDERED and ADJUDGED that defendant James E. Hives’
motion for early termination of supervised release term (Doc. 196) is GRANTED such that the
term of supervised release imposed on February 22, 2007, is TERMINATED.
The Clerk of the Court is DIRECTED to mail a copy of this order to the defendant at
221 Montgomery Street, Prichard, Alabama 36610.
DONE and ORDERED this the 4 th day of August 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
Case 1:06-cr-00138-KD-M Doc# 197 Filed 08/04/11 Page 2 of 2 PageID#
<pageID>