United States v. Huerta

WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

ORDER

WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

Defendant Carolyn Huerta filed a pro se motion for early termination of supervised release, and her counsel has filed a supplement in support of the motion. (Docket Nos. 405, 408.) Defendant makes her request “in light of her successful reentry to the community,” to obtain necessary dental work she cannot afford in the United States, and to begin medical training she believes she cannot start while under supervision. (Docket No. 408 at 1.) The request is opposed by the United States. (Docket No. 416.) The probation officer also opposes early termination, according to defense counsel. (Docket No. 416 at 3.)

The court recognizes that defendant Huerta has largely complied with the terms of her supervised release thus far and that she has successfully obtained employment and completed mental health therapy. However, it appears that defendant remains married and in contact with her husband who is a “general” of the Nuestra Familia drug gang and who is currently imprisoned by the Bureau of Prisons, and defendant was imprisoned based on her involvement with Nuestra Familia drug trafficking. Further, defendant has had a recent positive drug test, although she claims that the test was a result of eating a cookie she did not know was laced with marijuana.

Overall, the court continues to find that defendant's 60-month term of supervised release is appropriate given her individual circumstances and the sentencing factors under 18 U.S.C. § 3553. See 18 U.S.C. §§ 3583(c) and (e) (court considers the § 3583 sentencing factors in determining whether a term of supervised release is appropriate, in determining the length of such a term, and whether to modify such a term). Accordingly, defendant's motion for early termination of supervised release (Docket No. 405) is DENIED.

IT IS SO ORDERED.