Free Motion for Early Termination of Probation - District Court of Colorado - Colorado

Case 1:01-cr-00386-ZLW

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action Nos. 90-cr-130-2-Z and 01-cr-386-Z UNITED STATES OF AMERICA, Plaintiff, vs. HAROLD ALLEN HUGHES, Defendant.

MOTION TO TERMINATE SUPERVISED RELEASE

Harold Allen Hughes, by his counsel of record Peter R. Bornstein, moves this Court for an order terminating his supervised release. As grounds in support of his Motion, Defendant Hughes states to the Court as follows: 1. This Court sentenced the Defendant on March 26, 2002, and resentenced

him on December 23, 2002. Pursuant to his sentences, the Defendant was placed on four years supervised release, which commenced on approximately January 15, 2003. The four years of supervised release will expire on January 15, 2007 (approximately 3 ½ months from the date of this Motion). 2. When the Defendant was originally sentenced, the Government wanted the

lengthy supervised release as part of his agreement to cooperate with the Government and to make himself available for testimony at any scheduled trial. 3. No trial has been scheduled for any person at which Mr. Hughes might be

called to testify. No trial can now be scheduled for any such potential Defendant before the time for the supervised release to expire by its own terms. Therefore, it is now a

Case 1:01-cr-00386-ZLW

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certainty that Mr. Hughes' cooperation is not necessary nor required between now and January 15, 2007. 4. Mr. Hughes has established an exemplary record of employment,

cooperation, and law abiding behavior since this Court sentenced him, and since he has been in the community on supervised release. However, his status as a "parolee" has severely hampered and negatively impacted his employment opportunities. He has had to turn down significant renumerative employment opportunities in the very recent past. 5. Mr. Hughes' financial situation is marginal. He has trouble paying all of his

bills as they come due. This is true despite the fact that he has learned a new occupation and career and has opportunities to advance and make himself financially successful in this new career. However, his financial opportunities will continue to be limited until such time as his supervised release is terminated. 6. Accordingly, Mr. Hughes requests that this Court enter an order terminating

his supervised release earlier than the currently scheduled date of January 15, 2007. Respectfully submitted this 21st day of September, 2006. THE LAW OFFICES OF PETER R. BORNSTEIN s/ Peter R. Bornstein Peter R. Bornstein 1600 Broadway, Suite 2300 Denver, CO 80202 Telephone: 303-861-2500 Facsimile: 303-861-0420 E-mail: [email protected] Attorney for Defendant Harold Allen Hughes

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Case 1:01-cr-00386-ZLW

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 21st day of September, 2006, I electronically filed the foregoing MOTION TO TERMINATE SUPERVISED RELEASE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Guy Till, Assistant United States Attorney [email protected] s/ Heather M. Bolton Heather M. Bolton

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