Opinion
1:17-cr-00277-NONE-1
06-02-2021
UNITED STATES OF AMERICA, Plaintiff, v. TESSA L. WELLS Defendant.
ORDER DENYING WITHOUT PREJUDICE REQUEST FOR EARLY TERMINATION OF PROBATION
(DOC. NO. 20)
Defendant plead guilty to one count of interstate communication of a threat, in violation of 18 U.S.C. § 875(c). (Doc. No. 2.) On May 10, 2018, defendant was sentenced by the then-assigned district judge, Honorable Lawrence J. O'Neill, to 48 months of probation. (Doc. No. 17.) On April 30, 2021, defendant filed a request for early termination of probation, (Doc. No. 20), which the government has opposed, (Doc. No. 23). The court also solicited and received the position of defendant's Supervising Probation Officer, which has been shared with the parties. Having carefully considered the entire record, the court will deny defendant's request for early termination without prejudice.
Probation emphasizes that, although defendant has served more than 36 months of her term of probation and thus far has complied with all of the terms of that probation imposed upon her, the underlying conduct in this case involved violent threats against a United States Congressman, which renders her ineligible for early termination under the Probation Office's policies. Although not bound by that internal policy, the court agrees that the nature of the conduct underlying defendant's crime of conviction was very serious. As the parties' plea agreement reflects, defendant left a graphic voicemail at the office of the Congressman threatening to shoot him. (Doc. No. 2 at 10.) According to the presentence report, the voicemail was retrieved and heard by members of the Congressman's staff, who were justifiably terrified. Judge O'Neill noted at sentencing that he considered the conduct so “shocking” that he contemplated imposing a prison sentence despite the fact that a term of probation was recommended. (See Doc. No. 16 at 22.) While the court is mindful of the fact that defendant generally has lived a life filled with good works, was indisputably contrite at the time of sentencing, and has apologized earnestly for her criminal conduct, the court finds early termination of probation to be inappropriate at this time, particularly given that defendant has not articulated clear reasons why continued supervision on probation is an impediment to her continued successful re-integration into society.
Accordingly, defendant's request for early termination of probation (Doc. No. 20) is denied without prejudice.
IT IS SO ORDERED.