## Facts

- Troy King was a Gulf War veteran who served in Iraq and other countries, experienced active combat, witnessed casualties, and suffered war-related trauma.
- King was honorably discharged from the military and was later diagnosed with post-traumatic stress disorder (PTSD).
- Roughly 15 years after his discharge, King was arrested for smuggling counterfeit items.
- King was immediately released to pretrial supervision, and he remained on pretrial supervision for approximately 18 months.
- King pleaded guilty to smuggling counterfeit items and conspiracy to smuggle counterfeit items.
- Under the advisory Sentencing Guidelines, King faced a potential prison sentence of up to nine years.
- At sentencing, King’s doctors testified that incarceration would not be productive and would worsen his health.
- The Probation Office recommended a sentence of five years’ probation, and the sentencing judge imposed five years’ probation instead of imprisonment.
- After King had served more than two years of probation—and more than four years of total supervision when combined with pretrial supervision—King moved for early termination of probation under 18 U.S.C. § 3564(c).
- During supervision, King’s compliance was outstanding: he committed no violations, had no new arrests, and made progress in treatment addressing his PTSD and related conditions.
- The government opposed early termination, and the motion was decided by the same judge who imposed the original sentence.

## Issues

1. Whether King’s conduct on supervision and the interest of justice warranted early termination of his felony probation under 18 U.S.C. § 3564(c).
2. Whether, considering the 18 U.S.C. § 3553(a) factors, continued probation was necessary given King’s offense conduct, personal history (including combat service and PTSD), and post-sentencing performance.

## Decision

- The court granted King’s motion and terminated his remaining term of probation.
- The court relied on King’s sustained, violation-free record across more than four years of supervision (pretrial plus probation), describing his compliance as outstanding.
- The court credited King’s progress in rehabilitation and treatment, and noted that the offense was the only serious blemish on an otherwise law-abiding record.
- Weighing the § 3553(a) factors, the court concluded that continued probation would add little to the goals of sentencing in light of the time already served on supervision and King’s demonstrated stability.

## Legal Principles

- Under 18 U.S.C. § 3564(c), a court may terminate a term of probation after one year if satisfied that early termination is warranted by the defendant’s conduct and the interest of justice.
- In ruling on a § 3564(c) motion, a court considers the § 3553(a) factors, including the nature and circumstances of the offense, the defendant’s history and characteristics, deterrence, public safety, and the defendant’s treatment needs.
- Exceptional performance on supervision—especially sustained compliance over multiple years—can support a finding that continued probation is no longer needed to serve sentencing purposes.
- A court may grant early termination even over the government’s objection when the record shows meaningful rehabilitation and low risk of recidivism.

## Conclusion

United States v. King held that early termination of felony probation was justified under § 3564(c) where a Gulf War veteran with PTSD had already completed more than four years of uninterrupted, outstanding supervision (including pretrial supervision), had engaged in treatment and made progress, and—after considering the § 3553(a) factors—the court found that continued probation would provide limited additional sentencing benefit despite the government’s opposition.


United States v. King, No. 07-cr-1143, WL 1382436 (2012)