United States v. Ferrell, 234 F. Supp. 3d 61

Joyce Dawn Ferrell pled guilty (Jan. 9, 2014) to one count of theft of government property (18 U.S.C. § 641) for unauthorized commissary purchases later sold at pawn shops; restitution ordered for $26,029.34.
On April 10, 2014 the court sentenced Ferrell to 48 months probation with a minimum $50/month restitution payment requirement.
Ferrell moved pro se for early termination of probation after ~33 months, citing compliance, stable work/home, completion of counseling, and that career advancement (blocked while on probation) would accelerate restitution payments.
The United States opposed early termination, citing unpaid restitution; the D.C. Probation Office did not recommend termination based on concerns about Ferrell’s restitution history (though the supervising Maryland office did not oppose).
The court reviewed the 18 U.S.C. § 3553(a) factors and concluded Ferrell’s conduct did not presently warrant early termination because restitution remains unpaid and prior sentencing considerations remain applicable.
Court denied the motion without prejudice and permitted Ferrell to resubmit a request through the Probation Office six months later (after July 13, 2017).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probation should be terminated early under 18 U.S.C. § 3564(c) (using § 3553(a) factors)	Ferrell: compliance with terms, stable job/home, completed counseling, and need for advancement to accelerate restitution	U.S. & D.C. Probation: restitution not fully paid; initial slow payments show lack of full commitment to restitution	Denied without prejudice; court considered § 3553(a) and found restitution concerns and original sentencing rationale weigh against termination; may reapply after six months

United States v. Mathis-Gardner, 783 F.3d 1286 (D.C. Cir. 2015) (district courts must consider § 3553(a) factors and, when defendant shows substantial changed circumstances, provide some indication of reasons for denying early termination)