United States District Court, District of Columbia
ROSEMARY M. COLLYER United States District Judge.
Nicholas Raymond was charged in an Information filed on July
29, 2009, with one count of traveling to engage in illicit
sexual conduct and one count of possessing child pornography.
Mr. Raymond pleaded guilty to both counts on August 14, 2009.
On December 22, 2009, he was sentenced on each count to
concurrent five-year prison terms and ten years of supervised
release. Mr. Raymond's supervised release began on
September 20, 2013 and will expire in September 2023.
successfully completed his prison term and more than five
years of supervision, Mr. Raymond asks the Court to terminate
his supervision early under 18 U.S.C. § 3583(e)(1).
After carefully considering his motion, the government's
opposition, and the full record, the Court will grant Mr.
Raymond's motion and terminate his supervision effective
September 20, 2019.
Raymond is now 57 years old and a dual citizen of the United
States and the United Kingdom. He has lived in the
metropolitan area of the District of Columbia since his
release from prison in 2013, visiting his elderly parents in
England only when specifically approved by the Court. His
parents have since passed and Mr. Raymond would like to have
the option to re-locate to England, which is very difficult
as long as he is on supervised release.
Raymond states that he completed the 18-month residential sex
offender treatment program at FCI Devens in Massachusetts
while incarcerated. He “became a mentor for others in
the program and facilitated re-entry guidance
sessions.” Mot. for Early Termination of Supervised
Release [Dkt. 36] at 2. After his release, Mr. Raymond
completed all therapy sessions as directed.
not controverted that, since his release, Mr. Raymond has
passed every polygraph test, passed every drug test,
completed all therapy required of him, never missed a meeting
with his probation officer, and maintained computer
monitoring, at his own expense, without any violations. When
visiting England, Mr. Raymond has complied with every
condition, and has additionally registered as a sex offender
with British authorities, which was not required.
Raymond has maintained a stable residence and has worked
several odd jobs while searching for something more
permanent. As of briefing, he was enrolled in a paralegal
program at Georgetown.
considering a request for early termination of supervised
release, the Court must first consider: (1) the nature and
circumstances of the offense and the defendant's history
and characteristics; (2) deterrence of criminal conduct; (3)
protection of the public from further crimes of the
defendant; (4) the need to provide the defendant with
education or vocational training, medical care, or other
correctional treatment; (5) the applicable sentencing
guideline range for the offense and pertinent policy
statements issued by the U.S. Sentencing Commission; (6) the
need to avoid unwarranted sentencing disparities; and (7) the
need to provide restitution to any victims of the offense.
See 18 U.S.C. § 3583(e); see also United
States v. Harris, 258 F.Supp.3d 137, 144 (D.D.C. 2017).
These factors are only a subset of the § 3553(a) factors
considered at sentencing because “Congress intended
supervised release to assist individuals in their transition
to community life.” United States v. Johnson,
529 U.S. 53, 59 (2000). That is to say, “[s]upervised
release fulfills rehabilitative ends, distinct from those
served by incarceration.” Id.; see also
Harris, 258 F.Supp.3d at 144-45 (discussing legislative
history). “The relevant factors under § 3553(a)
are, consequently, evaluated mindful of the Supreme
Court's clear articulation of the purpose of supervised
release and the district court's discretion to limit
terms of supervised release to those who need it.”
Harris, 258 F.Supp.3d at 145.
considering these factors, the Court may “terminate a
term of supervised release and discharge the defendant 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.” 18 U.S.C. § 3583(e)(1).
Section 3553 Factors
and Circumstances of the Offense. In 2009, Mr. Raymond
made plans to engage in sexual conduct with the 4-year-old
relation of a man he met online. That man was an undercover
officer. After Mr. Raymond's arrest, officers found 2
videos and approximately 50 images of child pornography on