United States v. Smith

*667 MEMORANDUM **

Mark Smith appeals the district court’s denial of his unopposed motion under 18 U.S.C. § 3583 (e)(1) for early termination of supervised release that followed a November 23, 1998 conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). 1 We have jurisdiction under 28 U.S.C. § 1291 .

To justify early termination, Smith asserts that his academic accomplishments, commitment to social work and role-model activities indicate that he has been fully rehabilitated and has thus fulfilled the goal of supervised release. Smith contends that the district court abused its discretion, asserting that the denial of early termination of supervised release without opinion shows an improper punitive purpose because the district court could have no other grounds not to grant the motion based on the record.

The district court may, under factors set forth in 18 U.S.C. § 3553 (a), 3 “terminate a term of supervised release ... at any time after the expiration of one year of supervised release ... if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.” See 18 U.S.C. §…