The opinion of the court was delivered by: John A. Mendez United States District Judge
RECOMMENDATION TERMINATING PROBATION PRIOR TO EXPIRATION DATE
On April 28, 2009, the above-named was sentenced to 60 months Probation, which commenced on April 28, 2009. Special conditions included: Warrantless search; and Financial disclosure and restrictions.
Ms. Baroody has complied with all conditions and special conditions of Probation, and has not been involved in any further criminal activities. Though it has been less than two years since she was sentenced, it is felt early termination is appropriate.
Ms. Baroody was ordered to pay $36,982.76 in restitution to the Social Security Administration. As of December 1, 2010, her balance is $30,991.76. For the most part, Ms. Baroody's main focus of probation is the collection of her restitution obligation; however, our office is not actively collecting any monies from her because she does not derive an income. Ms. Baroody does not work due to her chronic health issues and age and she does not receive any benefits from the government though she is eligible for spousal benefits from Social Security. Since June 2009, they have been holding her spousal benefits of approximately $220 a month and applying that amount toward her obligation to them. They will continue to collect this amount until her debt is paid, whether she is on probation or not. It should be noted Ms. Baroody has demonstrated she is willing to cooperate in the repayment of her debt. In January 2011, she made a $10,000 payment toward her restitution obligation.
Another reason why we are recommending early termination is due to Ms. Baroody's mother. Her mother, who resides in Syria, is elderly and her health is fragile. Ms. Baroody has requested several times to visit her mother and has been allowed to travel there twice. However, the time allotted her in Syria has been restricted due to her probation status. Our office cannot supervise someone who is not available for supervision. It is understandable she would like to spend months at a time with her mother while she can; however, while she is on probation, it is not feasible.
Normally, we would not recommend early termination for someone who has only been on probation less than two years with over three years left on her term. However, it is the opinion of the probation officer that Ms. Baroody has derived maximum benefit from supervision and is not in need of continued supervision.
It is, therefore, respectfully recommended that probation in this case be terminated early.
KRIS M. MIURA United States ...