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`Case 3:12-cr-00115-ART-VPC Document 70 Filed 09/30/24 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF NEVADA
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`United States of America,
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`Plaintiff,
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`v.
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`Thomas Baye,
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`Defendant.
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`Case No. 3:12-cr-00115- ART-VPC-1
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`ORDER
`(ECF Nos. 59, 60)
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`Defendant Thomas Baye moves for early termination of supervised release.
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`(ECF No. 59.) The Government opposes the motion, (ECF No. 62), and Defendant
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`has replied to the Government’s opposition. (ECF No. 64.) Probation does not
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`oppose Defendant’s motion. (See ECF No. 59.) The Court heard argument on the
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`motion on September 30, 2024. Based on the briefing and argument, the Court
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`grants the motion to terminate supervised release and the accompanying motion
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`to seal. (ECF Nos. 59, 60.)
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`In March 2013, this Court sentenced Defendant to 144 months followed by
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`three years of supervised release. (See ECF No. 33.) While incarcerated,
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`Defendant taught GED classes, took courses to get a commercial driver’s license,
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`and worked as a caretaker for elderly inmates. (ECF No. 59.) Defendant served
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`the last ten months of his custodial sentence at a halfway house in Las Vegas
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`before release in February 2023. (Id.) During his time at the halfway house and
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`his nearly twenty months on supervised release, Defendant has complied with all
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`supervision conditions. He also has remained gainfully employed, developed
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`positive relationships, and willfully participated in counseling and mental health
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`Case 3:12-cr-00115-ART-VPC Document 70 Filed 09/30/24 Page 2 of 2
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`treatment.
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`Defendant’s motion argues that he has met all conditions of his supervised
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`release so far, that he has received positive feedback from his mental health
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`treatment providers, that he has maintained gainful employment, that he has
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`developed positive relationships during his time on supervised release, and that
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`Probation, which is in the best position to evaluate Defendant’s likelihood of
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`reoffending, does not oppose Defendant’s motion. (Id.; ECF No. 64.) The
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`Government replies that Defendant’s progress is due to supervised release and
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`that Defendant has reoffended during previous periods of supervised release.
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`(ECF No. 62.)
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`The Court may grant early termination of supervised release after a
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`defendant has completed one year of supervised release and upon finding that
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`relevant 18 USC §§ 3553(a) sentencing factors support early termination.
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`18 USC § 3583(e)(1). Defendant must satisfy the Court that Defendant’s conduct
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`and the interests of justice warrant early termination.
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`The Court finds that Defendant’s conduct, progression in mental health
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`treatment, and lack of opposition from probation together support early
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`termination of supervised release.
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`The Court GRANTS Defendant’s motion
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`(ECF No. 59) and the
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`accompanying motion to seal (ECF No. 60).
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`DATED THIS 30th day of September, 2024.
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`ANNE R. TRAUM
`UNITED STATES DISTRICT JUDGE
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