1:20-cr-00103•USA v. Dia
Texte intégral
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI
UNITED STATES OF AMERICA, Case No. 1:20-cr-103
Plaintiff, Judge Matthew W. McFarland
V.
SAIDOU YERO DIA,
Defendant.
ORDER DENYING DEFENDANT'S MOTION FOR EARLY TERMINATION OF
PROBATION (Doc. 47)
This matter is before the Court on Defendant Saidou Yero Dia' s Motion for Early
Termination (Doc. 47). The Government did not respond to the Motion, and the time to
do so has passed. The matter is thus ripe for review. For the foregoing reasons,
Defendant's Motion (Doc. 47) is DENIED.
BACKGROUND
Defendant Saidou Yero Dia used a false identity and included other false
statements on an application for asylum after learning that his original asylum
application was to be denied. (See Statement of Facts, Doc. 38, Pg. ID 135.) The U.S.
Immigration and Naturalization Service ("INS") then granted asylum to Defendant
under this fictitious name. (Id.) With his false identity, Defendant became a naturalized
citizen and then applied for a U.S. passport. (Id.) On March 6, 2023, Defendant pied guilty
to Count 2 of the Indictment, False Statement in Application of a Passport. (3/6/2023
Case: 1:20-cr-00103-MWM Doc #: 48 Filed: 01/07/26 Page: 1 of 3 PAGEID #: <pageID>Minute Entry.) On September 13, 2023, Defendant was sentenced in the Southern District of Ohio to three years of probation. (Judgment, Doc. 45.) In his Motion, Defendant indicates that he wishes to travel to support his sick wife. (Motion, Doc. 47.) He asks that the Court terminate his probation early to allow him to do so. (Id.) LAW&ANALYSIS A district court may "terminate a term of probation previously ordered and discharge the defendant at any time[ . . .] after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice." 18 U.S.C. § 3564(c). In analyzing the interest of justice, the Court considers the following factors set forth in 18 U.S .C. § 3553(a): 1. The nature and circumstances of the offense and the history and characteristics of the defendant; 2. The need for the sentence imposed to afford adequate deterrence to criminal conduct; 3. The need for the sentence imposed to protect the public from further crimes of the defendant; 4. The need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; 5. The kinds of sentence and the sentencing range established for [the defendant's crimes]; 6. Any pertinent policy statements issued by the Sentencing Commission; 7. The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; 8. The need to provide restitution to any victims of the offense. 2 Case: 1:20-cr-00103-MWM Doc #: 48 Filed: 01/07/26 Page: 2 of 3 PAGEID #: <pageID>
Id.; see also United States v. Wilkinson, 3:18-CR-9, 2022 WL 1626575, at *1 (W.D. Ky.
May 23, 2022).
Applying this analysis, the Court concludes that an early termination of
Defendant's probation is unwarranted. Although he has satisfied the one-year
requirement and has served over two years of his three-year term, the Court finds that
termination of his probation would be inappropriate. Indeed, the§ 3553 factors weigh
against early termination. To start, the nature and circumstances of his original crime
were serious; Defendant does not analyze this factor or any§ 3553 applicable factors to
show why they favor early termination. But, more importantly, Defendant has not
indicated why his conduct while on probation warrants an early termination. In fact, he
has not provided the Court with any evidence of his conduct while on probation.
Although the Court is sympathetic to Defendant's desire to assist his ailing wife,
Defendant's conduct and the interests of justice do not warrant early termination of his
probation.
CONCLUSION
For the reasons above, the Court DENIES Defendant's Motion for Early
Termination of Probation (Doc. 47).
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
By: ~~-.{~
JUDGE MATTHEW W. McFARLAND
3
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