United States v. Hartley (10th Cir. May 2022)

The Federal Docket

June 1, 2022

Dalton Hartley and Corey Detter each filed unrelated motions for early termination of their probation under 18 U.S.C. § 3564(c), which were denied by the same district judge for the same reason: that their sentences had not included any incarceration. Reviewing the decisions for an abuse of discretion, the Tenth Circuit reversed. Nothing in the statute or case law supports an assertion that probation-only sentences must be treated differently for termination. Additionally, courts may not make decisions about whether to grant early termination based on a blanket personal policy, but must instead consider the statutory factors as they apply to each individual.

Judge Eid wrote separately to assert that the district court had not abused its discretion because it was not required to consider the § 3564(c) factors since it did not impose a new sentence or modify an existing one.

Appeal from the District of Kansas
Opinion by Matheson, joined by Briscoe
Concurrence in part and dissent in part by Eid

Click here to read the opinion

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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