USA v. BURNETT

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 1:16-cr-00045-TWP-DKL
)
PIERRE BURNETT 	)
a/k/a DOE, 	) 	-01
)
Defendant. 	)
ORDER ON MOTION FOR EARLY TERMINATION
This matter is before the Court on Defendant Pierre Burnett's ("Mr. Burnett") pro se
Motion for Termination of Probation (Dkt. 76). For the reasons explained below, the Motion is
denied without prejudice.
I. DISCUSSION
On August 1, 2017, Mr. Burnett pled guilty to four counts: Conspiracy to Distribute 1
Kilogram or More of Heroin and 500 Grams or More of Cocaine; Distribution of 1 Kilogram or
More of Heroin; Distribution of 500 Grams or More of Cocaine; and Conspiracy to Commit Money
Laundering. (Dkt. 78). He was sentenced to 188 months of imprisonment, followed by five years
of supervised release. Id. In December 2024, Mr. Burnett was granted clemency by President Biden
and the remainder of his imprisonment was commuted. He began supervised release on December
20, 2024 and his scheduled end date is December 19, 2029. Id.
In his Motion, Mr. Burnett writes that he has "remained write-up free and urine clean with
clear conduct", has maintained a relationship with his family, and has maintained employment.
(Dkt. 76). He is a student at Ivy Tech and asks the Court for consideration and mercy. Id.
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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 Mr. Burnett's supervised release citing the
serious nature and circumstances of the instant offense. The Government reports that from 2012
through 2015, Mr. Burnett operated a heroin and cocaine distribution ring in the Indianapolis area
and distributed those drugs to other distributors, who would then sell the drugs to customers. (Dkt.
79). The Government reports that Burnett was held accountable for supplying and distributing
approximately 17 kilograms of heroin and 25 kilograms of cocaine over the course of the
conspiracy and he laundered the illicit proceeds through his sham shoe business. Id. Based on his
history of substance abuse, and the relevant factors under 18 U.S.C. § 3553, the Government argues
early termination is not warranted. Id.
The 	probation 	officer 	confirms 	that 	while 	under 	supervision, 	Mr. 	Burnett 	"has
demonstrated a commitment both to his sobriety, as well as to maintaining stability in his life."
(Dkt. 78). Additionally, "[A]ll urinalyses have tested negative for illegal substances." Id. Although
Mr. Burnett is in compliance with the terms and conditions of supervision, the probation officer
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believes the request for early termination is premature due to the seriousness of the instant offense
and Mr. Burnett's role in the offense. Id.
Mr. Burnett does not provide a reason why his supervision should be terminated early.
Although he has done will his first year on supervised release, he has not met his burden of showing
that his supervision poses an undue hardship. The Court applauds Mr. Burnett for his rehabilitative
efforts and he should continue with those efforts. Mr. Burnett has only completed one of his five
years of statutory minimum and Court-ordered supervision and his probation officer believes he
will benefit from continued supervision. Given the offense conduct paired with Mr. Burnett's
relatively short term of supervision, the Court agrees that the request for early termination is
premature.
II. 	CONCLUSION
For the reasons explained above, Mr. Burnett's Motion for Early Termination of
Supervision, Dkt. [76] is DENIED without prejudice.
IT IS SO ORDERED.
Date: 	2/17/2026
Distribution:
MaryAnn Totino Mindrum
DOJ-USAO
maryann.mindrum@usdoj.gov
Kenneth Lawrence Riggins
Kennethriggins@yahoo.com
Electronic Notice to USPO
Pierre Burnett
8110 Eskerban Dr
Avon, IN 46123
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