Opinion
22-00196-001
07-25-2023
United States v. Brian Lyles
HONORABLE MAX O. COGBURN JR. UNITED STATES DISTRICT JUDGE (WD/NC)
REPORT ON INDIVIDUAL UNDER SUPERVISION
HONORABLE JOHN MICHAEL VAZQUEZ UNITED STATES DISTRICT JUDGE
(Jurisdiction transferred on 3/17/2022)
Date of Original Sentence: 11/28/2018
Original Offense: Count One: Conspiracy to Commit Wire Fraud and Brank Fraud, 18 U.S.C. § 1349, 18 U.S.C. § 1343 and 18 U.S.C. § 1344(1) & (2)
Count Two: Bank Fraud, 18 U.S.C. § 1344 (1) & (2) Original Sentence: 15 months imprisonment, 3 years supervised release Special Conditions: Restitution - Money, Special Assessment
Type of Supervision: Supervised Release
Date Supervision Commenced: 08/14/2020
NONCOMPLIANCE SUMMARY
The individual under supervision has not complied with the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 Failure to Satisfy Financial Obligation
U.S. Probation Officer Action:
Throughout Lyles's term of supervision, he paid $1,375 towards his restitution. He is compliant with the Court ordered monthly minimum payments of $50.00. Lyles's term of supervision is due to expire on August 20, 2023, with an outstanding balance of $661,519.50. The Financial Litigation Unit of the United States Attorney's Office in the Western District of North Carolina was notified of the expiration of supervision and has a standing order for garnishment of the person under supervision's earnings and all future income tax refunds via the Treasury Offset Program (TOP).
The Probation Office recommends that the supervision term be allowed to expire as scheduled since the restitution order remains imposed as a final judgement, pursuant to Title 18, U.S.C. Sections 3554 & 3613.
Respectfully submitted,
SUSAN M. SMALLEY, Chief U.S. Probation Officer
Probation Services Technician
APPROVED:
ANTHONY M. STEVENS Supervising U.S. Probation Officer
Please check a box below to indicate the Court's direction regarding action to be taken in this case:
[X] Allow Supervision to Expire as Scheduled on August 13, 2023 (as recommended by the Probation Office)
[ ] Submit a Request for Modifying the Conditions or Term of Supervision
[ ] Submit a Request for Warrant or Summons