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United States v. Sowell

May 31, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BARRY SOWELL, DEFENDANT.



The opinion of the court was delivered by: Judge Smith

ORDER

The Defendant Barry Sowell moves this Court for early release from probation. The Defendant was sentenced on May 23, 1996, for distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). The Defendant was sentenced to 33 months imprisonment, 48 months supervised release, drug aftercare, and a $50 special assessment. The Defendant completed his prison sentence and began serving his supervised release term on August 21, 2002.

In support of his Motion, Defendant argues that he has satisfied all the terms and conditions of his probation, including all fines and restitution. Defendant further argues that he plans to attend Columbus State Community College but has been unable to receive federal financial assistance due to his drug conviction. Further, Defendant states that he is employed full-time with Magnetic Springs Water Company.

While the Court commends Defendant on his gainful employment and his plans to enroll at Columbus State Community College, these are not sufficient reasons to justify early release from his term of supervised release. Even if such Motion were granted, it would not benefit Defendant with respect to receiving financial assistance for his education as he will still have a felony conviction on his record. Further, the Court has reviewed Defendant's record while on supervised release and Defendant pled guilty to a reduced charge of reckless operation of a motor vehicle and criminal mischief. The Court took no action with respect to the aforementioned convictions at the time, but in light of those charges, the Court believes it is best for Defendant to complete his original term of supervised release.

IT IS SO ORDERED.

GEORGE C. SMITH, JUDGE United States District Court

20060531

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