UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. xx-386 (NHJ)

xxxxxxxxxxxxxxxxxxx :

________________________________:

UNOPPOSED MOTION TO TERMINATE PROBATION

AND INCORPORATED MEMORANDUM OF POINTS AND AUTHORITY

IN SUPPORT THEREOF

xxxxxxxxxxxxx, through undersigned counsel, respectfully requests that this Honorable Court terminate his probation pursuant to Rule 32.1(b) of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3564(c). In support of this Motion, Mr. xxxxx states:

1. On November 18, 1996, Mr. xxxxx entered a plea of guilty to one count of obtaining a controlled substance by fraud, in violation of 21 U.S.C. § 843(a)(3).

2. Mr. xxxxx was sentenced on March 19, 1997, to a three-year term of probation, and placed under the supervision of the U.S. Probation Office for the United States District Court for the District of Columbia.

3. At the sentencing hearing, the Honorable Charles Richey stated that Mr. xxxxx would be placed on probation for three years "with the understanding that if it is determined by the probation officer that it can be ended early, you always have the discretion to come back and ask me to end it sooner." (Tr. at 10, copy appended.)

4. The statute governing early termination of probation, 18 U.S.C. § 3564(c), provides that "the court may terminate a term of probation previously ordered, . . . if it is satisfied that such action is warranted by the conduct of the defendant in the interest of justice."

5. Undersigned counsel has reviewed the progress of Mr. xxxxx with his probation officer, Debbie Hopkins, U.S. Probation Officer. Ms. Hopkins has advised undersigned counsel that Mr. xxxxx is fulfilling all the conditions of his probation, and is employed in and doing well. She does not oppose an early termination of Mr. xxxxx's probation.

6. Assistant United States Attorney Richard L. Edwards, the assistant assigned to the case, has advised undersigned counsel that he does not oppose the court's granting Mr. xxxxx's motion to terminate his probation.

7. Mr. xxxxx has been on probation since March 19, 1997, and has proven that he meets the criterion based on his good conduct for early termination of his probation under 18 U.S.C. § 3564(c).

WHEREFORE, it is respectfully requested that, in the interest of justice, the Court grant Mr. xxxxx's motion for early termination of his probation pursuant to 18 U.S.C. § 3564(c), and pursuant to Rule 32.1(b)

Respectfully submitted,

A.J. KRAMER FEDERAL PUBLIC DEFENDER

Valencia Rainey

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, D.C. 20004

(202) 208-7500

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing Unopposed Motion to Terminate Probation and Incorporated Memorandum of Points and Authorities in Support Thereof has been served upon Assistant United States Attorney Richard L. Edwards by leaving a copy in the box designated for the United States Attorney's Office in the Clerk's Office of the United States District Court for the District of Columbia, and by facsimile machine upon United States Probation Officer Deborah Hopkins-Downs, this 4th day of November 1998.

_______________________

Valencia Rainey

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. xx-386 (SS)

xxxxx :

________________________________:

ORDER

Upon consideration of Defendant Phillip xxxxx's Unopposed Motion For Termination of Probation and Incorporated Memorandum of Supporting Points and Authorities Thereof, it is this ____ day of November 1998, hereby

ORDERED that the Motion is granted.

_____________________________

Honorable Norma Holloway Johnson

Chief Judge, United States District Court

Copies To:

Valencia Rainey, Esq.

Assistant Federal Public Defender

625 Indiana Ave., N.W. Suite 550

Washington, DC 20004

(202)208-7500

Richard L. Edwards, Esq.

Assistant United States Attorney

Office of the United States Attorney

555 Fourth St., N.W.

Washington, D.C. 20001

(202) 514-7064

Debbie Hopkins-Downs

U.S. Probation Officer

United States District Court for the District of Columbia

333 Constitution Ave, NW

Washington, DC 20001

(202)565-1340

Phillip xxxxx

xxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxx, ILL 61401