United States v. King

No. 07-cr-1143, WL 1382436 (2012)

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United States v. King

United States District Court for the Southern District of New York
No. 07-cr-1143, WL 1382436 (2012)

Facts

Troy King (defendant) was a Gulf War veteran who served in Iraq and other countries. While deployed, King engaged in active combat, saw casualties, and suffered war-related trauma. King was honorably discharged. Subsequently, King was diagnosed with post-traumatic stress disorder. Around 15 years after King’s discharge, he was arrested for smuggling counterfeit items. King was released to pretrial supervision immediately. King later pleaded guilty to smuggling and conspiracy to smuggle counterfeit items and was sentenced to five years of probation. If King had been sentenced according to the guidelines, he would have been incarcerated for up to nine years. However, King’s doctors testified at sentencing that incarcerating King would not be productive and would make his health worse. Due in part to King’s health issues, the probation office recommended that King be placed on probation for five years, and the sentencing judge adopted the recommendation and sentenced King accordingly. After King had been on probation for over two years, he requested that his probation be terminated early. Including King’s pretrial supervision, which lasted for 18 months, and his time on probation, King had been supervised and totally compliant for more than four years. In fact, King’s compliance was outstanding. King progressed in his rehabilitation and sought treatment for his health issues. King’s crime had been the only stain on his record. The government opposed King’s request for early termination of probation. The matter came before the same judge that had sentenced King for a determination.

Rule of Law

Issue

Holding and Reasoning (Chin, J.)

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