United States v. Zoukis
1:07-cr-00091
W.D.N.C.Feb 14, 2022Background:
- Zoukis pleaded guilty in 2007 to possession and receipt of child pornography; offense involved over 14,500 images including prepubescent victims and violent content.
- He had a prior North Carolina felony conviction for taking indecent liberties with a 13-year-old; supervised-release and statutory-minimum considerations applied at sentencing.
- In 2008 Zoukis was sentenced to 151 months imprisonment and six years of supervised release; the prison sentence was below the statutory minimum based on cooperation.
- Supervised release began in October 2018; in 2019 the Probation Office sought modification of conditions, which the Court approved over Zoukis’s objection; later changes were made by consent while under courtesy supervision in California.
- Zoukis moved for early termination of supervised release, citing rehabilitation, completion of sex-offender treatment, low assessed recidivism risk, and prospective Vermont bar admission; the Government initially opposed pending a polygraph but later withdrew its opposition after testing.
- The local supervising probation officer opposed termination, classifying Zoukis as high-risk; the Court denied termination without prejudice, finding §3553(a) and §3583(e) factors weighed against early discharge and noting less drastic alternatives might address the bar-admission concern.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should terminate supervised release early under 18 U.S.C. §3583(e) | United States: factors and public protection do not support termination now | Zoukis: exemplary conduct, treatment completion, low recidivism risk, and reintegration needs justify termination | Denied without prejudice; court not satisfied §3553(a) factors support termination |
| Weight of defendant's offense history and risk in applying §3553(a) | United States: serious offenses and prior sex conviction counsel against early termination | Zoukis: post-release conduct and expert reports show low risk | Court found the gravity of offenses and prior recidivist sex-offense history weigh against termination |
| Whether bar-admission and career harms justify termination | Zoukis: supervision likely blocks Vermont bar admission and professional progress | United States: procedural/public-safety concerns; lack of specific licensing determinations | Court called bar-argument speculative; suggested less drastic conditions or third-party monitoring might mitigate the issue |
| Availability of less drastic remedies or modifications | United States: continued supervision protects public; modifications could be acceptable | Zoukis: requests full termination rather than tailored conditions | Court favored exploring modifications over full termination and denied motion without prejudice |
Key Cases Cited
- United States v. Pregent, 190 F.3d 279 (4th Cir. 1999) (early termination requires court to find both defendant's conduct and the interest of justice support discharge)
- United States v. Helton, 782 F.3d 148 (4th Cir. 2015) (Sentencing Commission policy recommends maximum supervised release terms for sex offenses)
- United States v. Morace, 594 F.3d 340 (4th Cir. 2010) (§5D1.2(b) read with §3583(k) reflects that lifetime supervised release is appropriate for many sex offenders)