United States v. Sconce
9:12-cr-00015
D. Mont.Jun 12, 2024Background
- David Wayne Sconce was convicted of possessing a stolen firearm under 18 U.S.C. § 922(j) and sentenced to five years of probation.
- Sconce's probation began on June 13, 2022, after various custodial and parole matters.
- He served approximately 15 months of probation before filing for early termination.
- Sconce had one violation of his probation in 2023.
- Sconce alternatively sought permission to relocate to Oregon, which the government did not oppose.
Issues
| Issue | Plaintiff's Argument (US) | Defendant's Argument (Sconce) | Held |
|---|---|---|---|
| Early termination of probation | Opposed early termination, citing guideline factors and defendant's performance | Requested early termination, arguing eligibility and no further need for supervision | Early termination denied |
| Relocation to Oregon | Did not oppose relocation | Requested permission to relocate to Oregon | Relocation granted if probation officer approves |
Key Cases Cited
- United States v. Emmett, 749 F.3d 817 (9th Cir. 2014) (clarifying the district court’s broad discretion to terminate probation early)
- United States v. Ponce, 22 F.4th 1045 (9th Cir. 2022) (discussing the scope of review in early termination of probation)