Opinion
Case Number: 3:08-00264
10-03-2012
USA v. William Shawndell McKinney
Report on Offender Under Supervision
Name of Judicial Officer: Honorable William J. Haynes Jr.. Chief U.S. District Judge Date of Original Sentence: February 22, 2010 Original Offense(s): 18 U.S.C. § 641. Theft of Government Property Original Sentence: 5 months' halfway house: 3 years' supervised release Type of Supervision: Supervised Release
Date Supervision Commenced: February 22. 2010 Assistant U.S. Attorney: Hilliard H. Hester. III
Defense Attorney: Kerry Haymaker The Court orders:
[ ] Allow offender to terminate supervised release, as scheduled, owing restitution
[ ] No Action Necessaiy at this Time
[ ] Submit a Request for Modifying the Condition or Term of Supervision
[ ] Submit a Request for Warrant or Summons
[ ] Other
I declare under penalty of perjury that the foregoing
is true and correct. Respectfully submitted,
Considered this __ day of __, 2012,
and made a part of the records in the above case.
______________________
Amanda M. Russell
U.S. Probation Officer
Place Cookeville
______________________
William J. Haynes, Jr.
Chief U.S. District Judge
ALLEGED VIOLATIONS
The probation officer believes that the offender has violated the following condition(s) of supervision:
+----------------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+------------------------------------------------------------------------¦ ¦ ¦The defendant shall pay restitution jointly and severally with his co- ¦ ¦ ¦ ¦ ¦1. ¦defendant at a minimum monthly rate of 10 percent of his gross monthly ¦ ¦ ¦ ¦ ¦ ¦income. ¦ +---------+------------------------------------------------------------------------¦ ¦ ¦Mr. McKinney and his co-defendant were ordered to pay restitution in ¦ ¦ ¦total of ¦ ¦ ¦ ¦ ¦ ¦$35,786.78. He was to make payments at a rate of 10 percent of his gross¦ ¦ ¦ ¦ ¦ ¦monthly income per month. According to the most recent report from the ¦ ¦ ¦U.S. ¦ ¦ ¦ ¦ ¦ ¦District Court Clerk's office, Mr. McKinney has paid his $ 100 special ¦ ¦ ¦assessment ¦ ¦ ¦ ¦ ¦ ¦and $2,171.50 toward his restitution. His co-defendant committed suicide¦ ¦ ¦in ¦ ¦ ¦ ¦ ¦ ¦August 2011, after already paying $1,200.00 toward his part of the ¦ ¦ ¦restitution. ¦ ¦ ¦ ¦ ¦ ¦Therefore, Mr. McKinney's outstanding restitution debt is $32,415.28. ¦ ¦ ¦Mr. ¦ ¦ ¦ ¦ ¦ ¦McKinney's term of supervision is scheduled to expire on February 21, ¦ ¦ ¦2013. ¦ +----------------------------------------------------------------------------------+ Compliance with Supervision Conditions and Prior Interventions: William Shawndell McKinney is employed in general construction and lives with his grandmother in Gordonsville, Tennessee. He began his term of supervised release on February 22, 2010, and he is due to terminate supervision on Februaiy 21, 2013. While on supervision, Mr. McKinney has made irregular restitution payments. These payments were based on his financial ability. In addition to his restitution, he also has outstanding child support and other obligations to the state of Tennessee on which he is paying. He has maintained employment throughout his supervision and there have been no known violations of the conditions of his supervision. Mr. McKinney has expressed understanding that he will need to continue making restitution payments once his supervision has ended. U.S. Probation Officer Recommendation: It is recommended that Mr. McKinney be continued on supervised release and his supervision terminate, as scheduled, on February 21, 2013, with the understanding that he will continue to make restitution payments after supervision has ended. Approved: ______________
Britton Shelton
Supervisory U.S. Probation Officer