United States v. Atoklo
1:22-cr-00031
S.D.N.Y.Apr 29, 2024Background
- Defendant Selassie Atoklo was sentenced to 18 months’ imprisonment followed by three years of supervised release on November 28, 2022.
- Atoklo was released from prison around February 9, 2024, and is now in ICE custody, not yet assigned a Probation Officer.
- Less than two months after release, Atoklo filed a pro se motion requesting early termination of his supervised release under 18 U.S.C. § 3583(e).
- The Government opposed Atoklo’s motion, arguing he is both statutorily ineligible and has not shown exceptional circumstances.
- The Court considered the statutory requirements under § 3583(e) and the sentencing factors in § 3553(a), alongside Atoklo’s recent compliance and employment.
Issues
| Issue | Atoklo's Argument | Government's Argument | Held |
|---|---|---|---|
| Early termination eligibility | Should be released early from supervision, citing recent progress and employment | Not eligible because he has not completed one year and lacks exceptional circumstances | Motion denied; Atoklo is ineligible and has not shown exceptional reasons |
| Consideration of statutory factors | Conduct since release merits early termination | Compliance alone does not entitle early termination; must show exceptional behavior | Court found no changed circumstances under § 3553(a); denial appropriate |
| Standard for exceptional behavior | Employment and compliance should suffice | Only "exceptionally good" behavior permits early termination | Standard conditions do not satisfy threshold for early termination |
| Procedural status | Requested pro se, just months after release | Argued statutory prerequisites unmet | Less than one year served; motion procedurally barred |
Key Cases Cited
- United States v. Parisi, 821 F.3d 343 (2d Cir. 2016) (courts may terminate supervised release after one year considering § 3553(a) factors)
- United States v. Lussier, 104 F.3d 32 (2d Cir. 1997) (early termination of supervised release only for exceptionally good behavior)
- United States v. Sarvis, 205 F.3d 1326 (2d Cir. 2000) (modification of supervised release conditions only when punishment goals better served)