United States District Court, W.D. North Carolina, Statesville Division
Richard L. Voorhees United States District Judge
MATTER IS BEFORE THE COURT on Defendant Ronnie Edward Banner,
Jr.'s Motion to Amend Order (Doc. 736) and Motion to
Terminate Supervision (Doc. 746). In 2001, Banner entered a
guilty plea to conspiracy to possess with intent to
distribute cocaine and cocaine base, in violation of 21
U.S.C. §§ 841(a)(1), 846 and 851. (Doc. 260);
(see also Docs. 94, 118). This Court sentenced
Banner to 235 months' imprisonment on the conviction in
this case and a consecutive twelve-month sentence in another
criminal case, to be followed by five years' supervised
release on the conviction in this case. (See Doc.
401 at 2-3 (rendering judgment imposing 235 months'
imprisonment with five years' supervised release));
(see also United States v. Banner, Case No.
5:03-cr-00019-RLV-1, Doc. 19 (relying on 18 U.S.C. §
3584(c) to impose consecutive sentence of twelve months'
imprisonment for violation of 18 U.S.C. § 3146)). In
February 2015, this Court reduced Banner's term of
imprisonment in this case for his violation of 21 U.S.C.
§§ 841(a)(1), 846, 851 to time served plus ten days
of imprisonment. (Doc. 733); see also 18 U.S.C.
§ 3582, United States Sentencing Guidelines Manual
§ 1B1.10. Banner's motion for a sentence reduction
did not seek a reduction with respect to his term of
supervised release and this Court's order reducing
Banner's sentence did not alter Banner's five-year
term of supervised release. (See Docs. 731, 733).
According to Federal Bureau of Prison records, Banner was
released from custody on January 1, 2016. See
Federal Inmate Locator, available
http://www.bop.gov/inmateloc/ (Find By Name: Ronnie
Edward Banner”) (last visited 7/14/2017). Therefore,
Banner has served roughly one and one-half years, or 30%, of
his five-year term of supervised release.
Banner has completed more than one year of supervised
release, this Court has the authority to terminate his term
of supervised release. 18 U.S.C. § 3583(e)(1). In
resolving a motion for early termination of supervised
release, a court must consider the 18 U.S.C. § 3553(a)
factors and if early termination is both in the interests of
justice and is warranted by the conduct of defendant while on
supervised release. See id. In seeking early
termination of supervised release, Banner represents that
“[h]e has obtained a job actively and has worked for
Labor Connections of Conover, NC since February 2016.”
(Doc. 746 at 2). Banner also notes he has done everything the
U.S. Probation Service has asked of him and has not violated
any terms of release. Id. Regarding the interests of
justice, Banner asserts his supervised release should be
terminated due to the amount of time served. Id.
Banner explains he has served approximately 169 months in
prison, which is 110 months longer than his amended
guidelines range called for, and in those fourteen years he
has “received no disciplinary violations, . . .
obtained his GED and has participated in numerous work
assignments and classes.” Id.; (see
also Doc. 732 at 3). While Banner has presented some
information regarding his behavior while incarcerated, he has
not substantiated his representations regarding his conduct
while on supervised release with any evidence, such as an
affidavit or letter from his probation officer in support of
early termination or records demonstrating his ongoing
employment and his maintenance of a steady residence.
(See Doc. 746).
at the interest of justice and the 18 U.S.C. § 3553(a)
factors, the Court initially notes that Banner has not yet
served half of his supervised release term. Additionally,
Banner has a prior drug conviction which gave rise to the 21
U.S.C. § 851 information. (Doc. 628 at 13; see
also Doc. 118). Furthermore, Defendant committed the
offense in this case while on probation for the prior drug
conviction giving rise to the § 851 information,
suggesting an increased need for supervised release. (Doc.
628 at 13). Based on the arguments and evidence provided,
Banner has not shown that the interests of justice would be
served if his supervised release was terminated or that the
18 U.S.C. § 3553(a) factors favor termination of
supervised release at this juncture. Accordingly,
Banner's Motion to Terminate Supervision (Doc. 746) is
THEREFORE, ORDERED THAT:
Defendant's Motion to Amend Order (Doc. 736) is DENIED;
Defendant's Motion to Terminate Supervision (Doc. 746) is
 To the extent that Banner was released
from custody, his motion to amend this Court's sentence
reduction order so as to run his sentence in this case
concurrent to his sentence in Case No. 5:03-cr-00019-RLV-1 is
moot. In any event, this Court's order reducing
Banner's sentence already addressed the relation of the
reduced sentence in this case to the sentence in Case No.
5:03-cr-00019-RLV-a, noting that the sentences were
consecutive. (Doc. 733). Accordingly, Banner's Motion to
Amend Order (Doc. 736) is DENIED.
 The denial is without prejudice and
Banner, upon completion of a greater proportion of his term
of supervised release, is free to file a new motion for early
termination of supervised release. Any new motion Banner
files should be accompanied by evidence of his conduct while
on supervised release and ...