United States District Court, D. Hawaii
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
Michael Seabright Judge
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.
Plea and Sentence
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.
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
First Supervised Release Revocation
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.
Second Supervised Release Revocation
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
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.
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 ...