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United States v. Raymond

United States District Court, District of Columbia

April 25, 2019

UNITED STATES OF AMERICA,
v.
PAUL NICHOLAS RAYMOND, Defendant.

          MEMORANDUM OPINION

          ROSEMARY M. COLLYER United States District Judge.

         Paul 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.

         Having 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.

         I. BACKGROUND

         Paul 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.

         Mr. 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.

         It is 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.

         Mr. 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.

         II. LEGAL STANDARD

         When 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.

         After 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).

         III. ANALYSIS

         A. Section 3553 Factors

         Nature 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 ...


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