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United States v. Knepper

United States District Court, D. Hawaii

June 14, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSHUA KNEPPER, Defendant.

          ORDER DENYING DEFENDANT'S "MOTION FOR RECONSIDERATION OF REVOCATION; AND/OR MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE; AND/OR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) AND GUIDELINE AMENDMENT 782, " DOC. NO. 162

          J. Michael Seabright Judge

         I. INTRODUCTION

         Before the court is Defendant Joshua Knepper's ("Defendant") "Motion for Reconsideration of Revocation; and/or Motion for Early Termination of Supervised Release; and/or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and Guideline Amendment 782, " Doc. No. 162 ("Motion"). For the reasons discussed below, the Motion is DENIED.

         II. BACKGROUND

         A. Plea and Sentence

         On May 31, 2006, pursuant to a Plea Agreement, Defendant pled guilty to the crimes of (1) being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (Count 1); (2) possession with intent to distribute five grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) (Count 2); and possession of marijuana, in violation of 21 U.S.C. § 844 (Count 3). Doc. Nos. 87, 88. During an October 10, 2006 sentencing hearing, this court determined that Defendant had a total offense level of 25 and a criminal history category of III, resulting in a United States Sentencing Guidelines ("Sentencing Guidelines") range of 70 to 87 months. Doc. No. 109, Sentencing Tr. at 6-7.

         The court sentenced Defendant to a 70-month term of imprisonment for Counts 1 and 2, and a 12-month term of imprisonment for Count 3, all terms to be served concurrently. Doc. No. 100. The court further sentenced Defendant to a three-year term of supervised release for Count 1, a five-year term of supervised release for Count 2, and a one-year term of supervised release for Count 3, all terms to be served concurrently. Id.

         B. First Supervised Release Revocation

         Defendant was released from prison and commenced his first term of supervised release on March 17, 2010. On November 18, 2014, this court revoked Defendant's supervised release due to violations including failing to register as a sex offender, failing to notify his probation officer within 72 hours of being questioned by a law enforcement officer, and possession and use of methamphetamine. Doc. No. 136. The court sentenced Defendant to a 6-month term of imprisonment followed by a 54-month term of supervised release. Id.

         C. Second Supervised Release Revocation

         Defendant commenced his second term of supervised release on May 15, 2015. On August 31, 2015, this court again revoked Defendant's supervised release for violations including failing to notify the probation officer of a change in residence, failing to comply with drug testing, and failing to participate in substance abuse treatment. Doc. No. 147. The court sentenced Defendant to an 18-month term of imprisonment and a 36-month term of supervised release. Doc. No. 147. Defendant is currently serving this term of imprisonment.

         Defendant filed the instant Motion on April 14, 2016. Doc. No. 162. The Government filed a Response on May 16, 2016, Doc. No. 164, and Defendant filed a Reply on May 31, 2016. Doc. No. 165. Pursuant to Local Rule 7.2(d), the court finds this matter suitable for disposition without a hearing.

         III. DISCUSSION

         Defendant seeks a "reduction in his sentence, " urging the court to (1) reconsider revocation of his second term of supervised release, and (2) grant early termination of supervised release, based on equitable considerations arising from a hypothetical application of ...


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