United States District Court, District of Columbia
MEMORANDUM OPINION [DKT.# 34]
RICHARD J. LEON United States District Judge.
pending before the Court is defendant Monique Murdock's
Motion for Early Termination of Supervised Release [Dkt. #
34]. Upon consideration of the Motion, the parties'
briefs, the relevant law, and the entire record herein, I
find that early termination of Ms. Murdock's supervision
would not be in the interests of justice, and as a result,
her motion is DENIED.
January 2013, the United States Attorney's Office for the
District of Columbia filed a one-count Information charging
Ms. Murdock with one count of theft from a program receiving
federal funds, in violation of 18 U.S.C. § 666(a)(1)(A).
See Information [Dkt. # 1]. On November 13, 2013,
Ms. Murdock pleaded guilty to the count, pursuant to a plea
agreement which stated that her conduct was "fairly and
accurately describe[d]" in the "Statement of
Offense" attached to the agreement. 11/13/2013 Minute
Entry; Plea Agreement, ¶ 1 [Dkt. # 12]. The Statement of
Offense describes Ms. Murdock's criminal conduct.
Statement of Offense [Dkt. # 11]. From June 2006 through
October 2008, Ms. Murdock was the Executive Director of Nia
Community Public Charter School in Washington, D.C., a public
charter school that receives federal funds from the
Department of Education. Id. ¶¶ 1-2, 8. As
Nia's Executive Director, Ms. Murdock was responsible for
the school's fiscal management, and was a signatory to
all of the school's bank accounts. Id. ¶ 1.
Between March and August 2008, Ms. Murdock signed five checks
transferring a total of $29, 000 from Nia to a Uniform
Transfer to Minors Act (UTMA) account for her minor foster
child, an account for which Ms. Murdock was the custodian.
Id. ¶¶ 9-10. Ms. Murdock subsequently
converted the $29, 000 to her personal benefit. Id.
in April 2010, Ms. Murdock served as a Child Youth and School
Services (CYS) Facility Director at Cody Development Center
in Fort Meyer, Virginia. Id. ¶ 13. In that
role, Ms. Murdock possessed a Government Purchase Card (GPC)
and was responsible for purchasing food and supplies for the
Development Center. Id. Between February and
December 2012, Ms. Murdock purchased $11, 773 worth of
unauthorized gift cards with the GPC. Id. ¶ 14.
conduct, Ms. Murdock faced a maximum sentence of ten years
imprisonment, a period of supervised release of up to three
years, a fine of $100, 000, a $100 special assessment, and a
forfeiture money judgment of $29, 000. Plea Agreement, ¶
2. At sentencing, the Government recommended that the Court
impose a sentence in the mid-range of 6 to 12 months, a
three-year term of supervised release, a $40, 773 order of
restitution, and a $29, 000 forfeiture money judgment.
Gov't's Sentencing Memo, at 6 [Dkt. # 18]. For her
part, defendant asked the Court to impose a sentence of
supervised probation without imprisonment. Def.'s
Sentencing Mem. at 10 [Dkt. #21].
April 14, 2014, the Court sentenced Ms. Murdock to nine
months imprisonment, thirty-six months of supervised release,
restitution in the amount of $40, 773, and a $100 special
assessment. 04/24/2014 Minute Entry; Judgment [Dkt. #
25]. Ms. Murdock served the imprisonment portion of her
sentence and began her supervised release term on April 17,
2015. Def.'s Mot. at 2. In January 2017, twenty months
after her release from prison, Ms. Murdock moved to terminate
her supervision early. Id. In support of her motion,
Ms. Murdock states that she has "fully complied with all
aspects of her supervision, including community service and
restitution obligations." Id. She asks the
Court to terminate her supervision so that she can more
easily visit elderly relatives in North Carolina and New York
for whom she serves as a legal guardian, and so that she can
establish a non-profit organization for veterans and
prisoners re-entering in the workforce. Id. at 4.
The government stated that it did not oppose the motion,
provided that Ms. Murdock brought her monthly restitution
payments into compliance, submitted a new financial statement
to the government, and entered into a new payment plan; Ms.
Murdock represents that she has completed all of those steps.
See Gov't's Resp. to Court's 03/13/2017
Order at 2 [Dkt. # 37]; Consent Suppl. to Mot. at 1-2 [Dkt.
to a defendant's supervised release term after he or she
has been sentenced are governed by 18 U.S.C. § 3583(e).
Under that section, the Court may terminate a supervised
release term "at any time after the expiration of one
year of supervised release" if the Court is satisfied
that (1) early termination is "warranted by the conduct
of the defendant released" and (2) early termination is
in "the interest of justice." See 18
U.S.C. § 3583(e)(1). As part of that consideration, the
Court must consider:
• the "nature and circumstances of the offense and
the history and characteristics of the defendant";
• the "need for the sentence imposed ... to afford
adequate deterrence to criminal conduct[, ] to protect the
public from further crimes of the defendant[, ] and to
provide the defendant with needed educational or vocational
training, medical care, or other correctional
• the "kinds of sentence and the sentencing
[Guidelines] range" for the offense;
• any pertinent policy statement from the United States
• "the need to avoid unwarranted sentence