By Matthew Lee and Thaddeus Kirk (January 12, 2018, 1:16 PM EST) -- In its recent decision in United States v. Johnson,[1] the Eleventh Circuit strengthened procedural protections for defendants in criminal cases who seek early termination of supervised release and joined a growing number of circuit courts in holding that district courts may not summarily deny a defendant's early termination motion. Instead, the Eleventh Circuit held that district courts must give due consideration to the relevant sentencing factors set forth in 18 U.S.C. § 3553(a) before denying such a motion, in order to allow for meaningful appellate review. While the majority of appellate courts to have considered this issue have reached the same conclusion as the Eleventh Circuit did in Johnson, there is potential for an emerging circuit conflict, with the Eighth Circuit holding that a district court is not required to provide any explanation of a decision denying early termination. Apart from cases from the Eighth Circuit, the decision in Johnson — and similar opinions in four other circuits — provides criminal defendants with a potential avenue for appeal from summary denials of early termination motions....