United States v. Bouchareb, 76 F. Supp. 3d 478

Defendant Jamil Bouchareb pled guilty (May 5, 2009) to conspiracy to commit securities fraud and securities fraud; sentenced Dec. 29, 2011 to 30 months imprisonment and 2 years supervised release.
After serving about one year of supervised release, Bouchareb moved (Nov. 25, 2014) to terminate the remaining supervised release period.
He cited full compliance with supervision conditions, cooperation with his probation officer, and full payment of monetary penalties (including a $20,000 fine).
The Government opposed the motion. The Court treated the filing as a § 3583(e)(1) request to terminate supervised release (the original motion cited an inapplicable statute).
The Court examined the statutory factors in 18 U.S.C. § 3553(a) and the § 3583(e)(1) standard requiring that early termination be warranted by the defendant’s conduct and the interests of justice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bouchareb’s supervised release should be terminated early under 18 U.S.C. § 3583(e)(1)	Bouchareb: Termination appropriate because he has complied fully with conditions, cooperated with probation, and paid all monetary obligations	Government: Opposes early termination; argues compliance alone is insufficient and no extraordinary changed circumstances exist	Denied: Court found compliance alone does not justify early termination and no special/extraordinary or unforeseen circumstances were shown

United States v. Lussier, 104 F.3d 32 (2d Cir. 1997) (early termination of supervised release appropriate only for new or unforeseen changed circumstances that render the original term overly harsh or ill-suited)