UNITED STATES DISTRICT COURT 

DISTRICT OF COLORADO 

PROBATION OFFICE 

LAVETRA A. CASTLES 

Chief U.S. Probation Officer 

ELIZABETH MILLER 

Deputy Chief U.S. Probation Officer 

Byron G. Rogers U.S. Courthouse 

1929 Stout Street, Suite C-120 

Denver, CO 80294-0101 

Phone: (303) 844-5424 

400 Rood Avenue, Room 309 

Grand Junction, CO 81501-2520 

Phone: (970) 245-5396 

212 North Wahsatch Avenue, Suite 300 

Colorado Springs, CO 80903-3476 

Phone: (719) 471-3387 

October 3, 2016 

103 Sheppard Drive, Suite 206 

Durango, CO 81303-3439 

Phone: (970) 385-9564 

RESPOND TO: Denver 

RE: Defendant: Donald BEVERLY

 Docket No.: 1:11CR00362-2 

PROBATION RESPONSE TO DEFENDANT'S MOTION FOR EARLY TERMINATION OF 

SUPERVISION [Document 475] 

This correspondence follows the Court’s directive that the Probation Office respond to the defendant’s motion 

for consideration of early termination. 

 

On June 12, 2014, the defendant was sentenced to fourteen (14) months imprisonment and three (3) years 

supervised release for Wire Fraud and Aiding and Abetting, in violation of 18 U.S.C. §' 1343 and 2. 

Additionally, the Court imposed a $100 special assessment fee and restitution in the amount of $1,186,055.00, 

to be paid joint and several. The defendant commenced supervision in the Central District of California on July 

20, 2015, and has been supervised in that district since. 

The defendant has been on supervision for approximately one year and two months, which makes him 

statutorily eligible for early termination, pursuant to 18 U.S.C. § 3583(e)(1). To evaluate suitability for early 

termination, the Probation Office is mandated to consider the following criteria that have been approved by the 

Judicial Conference Committee on Criminal Law. The defendant shall have: 

 

• stable community reintegration (e.g., residence, family, employment); 

• progressive strides toward supervision objectives and in compliance with all conditions of probation; 

• no aggravated role in the offense of conviction, particularly large drug or fraud offenses; 

• no history of violence (e.g., sexually assaultive, predatory behavior, or domestic violence); 

• no recent arrests or convictions (including unresolved pending charges), or ongoing, uninterrupted 

patterns of criminal conduct; 

• no recent evidence of alcohol or drug abuse; 

• no recent psychiatric episodes; 

• no identifiable risk to the safety of any identifiable victim; and 

• no identifiable risk to public safety based on the Risk Prediction Index (RPI) score of zero (0) or one (1). 

 

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According to the above-noted criteria, the defendant’s RPI (Recidivism Prediction Index) score must be a 0 or 

1. The defendant has a RPI score of 1, noting this is his only felony conviction. He has maintained a stable 

residence, has a strong family support system, and has obtained employment. I spoke to United States 

Probation Officer (USPO) Kendra Mendoza, who supervises the defendant in the Central District of California, 

regarding this motion. She reported that Mr. Beverly has made progressive strides toward supervision 

objectives and is in compliance with all conditions of supervision. He has had no recent arrest or convictions or 

ongoing uninterrupted patterns of criminal conduct. USPO Mendoza did note her concern as being his length 

of employment, yet supports his early termination request. Mr. Beverly secured employment on January 27, 

2016, and has been working since. 

Punitively, the defendant served 11 months in prison. Restoratively, the defendant has paid his special 

assessment fee in full and pays a minimum of 10% of his gross monthly income toward restitution, which is 

collected by the Financial Litigation Unit (FLU). To date, $9,246.67 has been paid collectively toward 

restitution, and the defendant’s contribution has been $938.87, which leaves a balance of $1,176.908.33. The 

FLU will continue to collect the defendant’s restitution payments should the defendant’s motion be granted. 

Based on the foregoing, the Probation Office supports the defendant’s motion for early termination. Should the 

Court have any questions regarding the above, please contact this officer at: (303) 335-2411. 

Respectfully Submitted, 

s/Kit Griffin 

Kit Griffin 

U.S. Probation Officer 

Approved: 

s/Edgar T. Ruiz 

Edgar T. Ruiz 

Supervising U.S. Probation Officer 

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