USA v. Dia

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
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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.
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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
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