United States District Court, D. Maine
ORDER DENYING REQUEST FOR EARLY TERMINATION OF
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE.
17, 2012, a federal grand jury indicted Cassandra Ware for
participating in a large drug-trafficking conspiracy in
central Maine. Indictment (ECF No. 1). Along with
Ms. Ware, twenty other individuals were indicted for their
roles in the conspiracy. Id. Led by codefendant
Maurice McCray, the conspiracy trafficked oxycodone and
cocaine in enormous quantities in central Maine.
knowing that Mr. McCray was a drug dealer, Ms. Ware chose to
date him and after they broke up, she became one of his drug
dealers. A native of Waterville, Maine, Ms. Ware received
huge quantities of oxycodone and cocaine from Mr. McCray, she
sold the drugs among her friends and neighbors in central
Maine, who she knew were drug addicts, and she returned the
proceeds to Mr. McCray. After Ms. Ware was indicted, arrested
and bailed in May 2012, she continued to use drugs and lied
about doing so to her probation officer. See Ex
Parte Sealed Mot. for the Issuance of an Arrest Warrant,
for Revocation of Order Setting Conditions of Release, and
for an Order Directing the Def.'s Pretrial Detention
(ECF No. 371). As a consequence on October 5, 2012, her bail
was revoked and she was detained pending trial. Order of
Detention Pending Trial (ECF No. 376).
November 29, 2012, Ms. Ware pleaded guilty to her role in the
McCray drug trafficking conspiracy. Minute Entry
(ECF No. 464). She appeared for imposition of sentence on
April 30, 2013. Minute Entry (ECF No. 649). Ms. Ware
faced a guideline sentence of 37 to 46 months, but the
Government recommended a sentence of 30 months, which the
Court imposed. J. (ECF No. 658). Under the
guidelines, Ms. Ware faced a two to five year period of
supervised release. At her sentencing hearing, both the
Government and Ms. Ware's defense lawyer stressed that
Ms. Ware had been profoundly addicted to a wide range of
illegal drugs and her defense lawyer informed the Court that
Ms. Ware was requesting a longer period of supervised release
to make certain that she maintained her sobriety. The Court
imposed a three-year period of supervised release with a
mandatory drug treatment and testing condition. Id.
Ware commenced her term of supervised release on December 31,
2014 and her three-year term of supervised release is set to
expire on December 30, 2017. On September 11, 2017, Ms. Ware
filed a pro se motion for early termination of supervised
release. Pro Se Req. for Early Termination of Supervised
Release (ECF No. 1190). In her request, Ms. Ware
explains that she has completed cosmetology school and
relocated to southern Maine. Id. at 1. She also
wrote that she has completed the three main goals that she
had upon commencement of supervised release: education, a
good job, and a car. Id.
Probation Office supports early termination. The Probation
Office notes that Ms. Ware has maintained stable housing and
has been steadily employed. The Probation Office says that
she has removed herself from the negative influences in her
life. However, the Probation Office also briefly describes a
new criminal charge of Criminal Threatening that Ms. Ware
incurred in December 2015. The Probation Office says that she
pleaded guilty to this misdemeanor charge in January 2016,
was fined $100, and was required to complete twenty hours of
community service, which she did at Augusta Warming Center.
October 3, 2017, the Government filed its response to Ms.
Ware's request for early termination. Gov't's
Resp. to Def.'s Pro Se Req. for Early
Termination of Supervised Release (ECF No. 1191). In its
response, the Government states that it endorses the position
of the Probation Office and has no objection to early
termination. Id. at 1. In a footnote, the Government
describes the incident that led to the December 2015 criminal
charge. Id. n.1. Apparently, Ms. Ware along with two
friends got into an altercation with two other women at a
nightclub in Auburn, Maine, and Ms. Ware, who had been
drinking alcohol, threatened the women with bodily harm.
Id. The police responded and arrested Ms. Ware and
one of her friends. Id.
the Government's and Probation Office's acquiescence
in Ms. Ware's request for early termination of supervised
release, the Court rejects the request. The Court recalls Ms.
Ware quite well and remembers how utterly addicted she was to
highly dangerous drugs, including opiate-based prescriptive
medication and heroin. The Court does not view three years of
enforced sobriety, treatment, and testing to be overly long.
Moreover, the Court is concerned that as Ms. Ware was
drinking and acting up at a nightclub in December 2015, her
period of sobriety has been less than two years. The Court is
of course heartened to learn that Ms. Ware has done so well
over the last twenty-one months, has acquired a job skill, is
working steadily in a good job, and has moved away from some
of her bad influences. But when the Court imposes a
three-year term of supervised release for a profoundly
addicted person who has been engaged as an integral part of a
major drug-trafficking ring, it anticipates that service of
the full three-year term will be the rule, not the exception.
the Court will approve an early termination, it expects that
the supervisee will at least present a clean criminal record
during the served term of supervised release. Here, after
being on supervised release for almost one year, Ms. Ware
went to a nightclub, violated her terms of supervised release
by drinking alcohol, and further violated her terms of
supervised release by threatening others with bodily harm, a
violation of Maine criminal law. In these circumstances, the
Court will not reward Ms. Ware for new criminal conduct
during her term of supervised release by early termination of
the term. Furthermore, as the Court contemplated that Ms.
Ware would have three years of sobriety, continuing the term
of actual sobriety to a full two years from the date of her
December 2015 dust-up seems prudent.
Court DENIES Cassandra Ware's Pro Se Request for Early
Termination of ...