Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00443-LTB

Document 43

Filed 07/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00443-LTB

UNITED STATES OF AMERICA, Plaintiff, v. KEVIN EUGENE BELDEN, Defendant. ________________________________________________________________________ MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE ________________________________________________________________________ Defendant, Kevin Eugene Belden, through appointed counsel, Warren R. Williamson and the Office of the Federal Public Defender, moves supervised release be terminated early. On July 12, 2002, Mr. Belden was sentenced to 24 months in custody following his guilty plea to a marihuana charge. He was also given five years of supervised release. Mr. Belden began supervised release in December of 2003. According to Lynn Matesi, the U.S. Probation Officer supervising him, there have been no negative issues with Mr. Belden's supervision. He has stable employment, a stable residence, and has never had a positive urine test. Ms. Matesi further reports that while she has no personal objection to early termination, Probation Office Guidelines prevent her from recommending it because Mr. Belden has an RPI (Risk Prediction Index) score of 2.

Case 1:01-cr-00443-LTB

Document 43

Filed 07/31/2007

Page 2 of 4

In an article entitled Good Behavior Rewarded, published in the March 2004 edition of The Third Branch, the newsletter of the federal courts, Vol. 36, Number 3, the Judicial Conference recommended that "when the conditions of supervision imposed have been met, and the offender has successfully reintegrated into the community and does not pose a foreseeable risk to public safety in general or to any individual third party, the probation officer should request the court to consider early termination." As noted, Probation Office guidelines apparently preclude a recommendation for early termination when the RPI is two or higher. But, as Timothy Cadigan, a senior policy analyst for the AO's Office of Probation and Pretrial Services noted, the "Risk Prediction Index . . . ranges from 0 to 9 . . . and "an offender with an RPI of 0, 1 or 2 should be considered" for early termination. "Probation and Pretrial Services Finds Ways to Cut Costs," (emphasis added) http://www.uscourts.gov/newsroom/costs/htm (Visited July 30, 2007). Mr. Belden has had no issues with his supervision. He has completed nearly four of the five years to which he was originally sentenced. And, however the RPI is calculated, he is at the low end of the scale. Moreover, with an RPI of 2, is at a level that, according to the AO at least, should make him eligible for early termination. In other words, there is little, if any, need for Mr. Belden to continue to be supervised.

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Case 1:01-cr-00443-LTB

Document 43

Filed 07/31/2007

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Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17 th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:01-cr-00443-LTB

Document 43

Filed 07/31/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on July 31, 2007, I electronically filed the foregoing MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Kathleen Tafoya, AUSA [email protected] [email protected] [email protected] [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant's name:

Lynn Matesi, USPO [email protected]

Kevin Belden (by mail) 2875 Julep Drive Colorado Springs, CO 80916

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17 th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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