UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STA'l`ES OF AMERICA, )
v.
FRANKIE R. KENNEDY,

) Criminal Case No. 10-00257-01 (CKK)(AK)
)

Defendant. )
)

REPORT AND RECOMMENDATION

This matter was referred to a United States Magistrate Judge by the Honorab1e Colleen
Kollar-Kotelly for a Hearing on Violation of Defendant’s supervised release and a Report and
Recommendation.

Background
Defendant Franl<ie Kennedy was sentenced on February 3, 2011 to 5 months

imprisonment to be followed by 36 months supervised release on a charge of lnterstate
Transportation of Stolen or Fraudulently Obtained Property, Causing an Act to be Done, in
violation of 18 U.S.C.§§23 14 and 2. The trial court imposed a special assessment of $100 and
the following special conditions: '

0 location monitoring

¢ DNA collection

0 financial disclosure

¢ employment restriction

¢ restitution in the amount of $86,286.51

¢ payment of restitution at a rate of no less than $100 per month.

Defendant’s supervision began on August 26, 2011 and is scheduled to terminate on
August 25, 20l4. By Memorandum to the trial court dated January 95 2014, the Probation
Officer noted that Ms. Kennedy had violated the conditions of her supervised release, namely

that she was having trouble with transfer of supervision to the District of Maryland as a result of

her move into the state of Maryland and other technical matters such as failing to report to her
Probation Officer. According to the docket, no action was taken with respect to those technical
violations.

By Memorandum to the trial court and the undersigned dated March 25, 2014, the
Probation Officer updated Ms. Kennedy’s adjustment and financial situation for consideration at
her hearing scheduled for April 2, 2014. Ms. Kennedy’s residence has changed again since the
January 9, 2014 Memorandum. She currently resides with her mother in the District of
Columbia while her husband and children are split between other family members and friends.
The recent move resulted from an altercation between Ms. Kennedy and her sister. Ms. Kennedy
maintains contact with the Probation Officer and reports as directed.

The Probation Officer notes that the case is approaching expiration with an outstanding
balance of $81, 965. 83. Ms. Kennedy has paid a total of $4,320.68 toward this obligation but
because of financial difficulties, she has been unable to satisfy this debt. A financial
investigation was completed on March 25, 2014, and it was determined that Ms. Kennedy has a
negative monthly cash flow of approximately $700. With the fact that her husband is currently
unemployed and her family is displaced, Ms. Kennedy does not have the ability to maintain the
current payment schedule of $100 per month. However, Ms. Kennedy reports that she can
maintain a payment schedule of $IO per month and reports her awareness that the payments
would continue beyond the expiration of her supervised release.

The Financial Litigation Unit of the U.S. Attorney’s Office has been notified of the
outstanding balance and will determine appropriate actions for collection following expiration of
Defendant’s supervised release. Pursuant to 18 U.S.C. §§36l3(a) and 36l3(f), the United States

may enforce a judgment imposing a fine or restitution in accordance with the practices and

procedures for enforcement of a civil judgment. Pursuant to 18 U.S.C. §36l3(b), the liability to
pay a fine or restitution terminates 20 years from the entry of judgment or 20 years after the
defendant’s release from imprisonment. In addition to the government’s enforcement options,
civil enforcement by the victim is provided by 18 U.S.C. §3664(i), with no time limit expressed.
Hearing on Violation
A hearing on the alleged violations of Defendant’s supervised release was held by the
undersigned on April 2, 20l4. Ms. Kennedy was represented by Counsel. The Probation Officer
testified that Defendant had failed to pay the amount of restitution and that Defendant’s family
has been separated and her husband is unemployed. The Probation Officer also noted that Ms.
Kennedy was otherwise compliant with the terms and conditions of her supervision. The
Probation Officer further recommended that the conditions of Defendant’s supervision should be
modified to permit Ms. Kennedy to pay $10 per month and that her supervised release should be
permitted to expire on August 25, 20l4. The Government concurred in the recommendation of
the Probation Officer. The Defendant also concurred in this recommendation.
Recommendation
Under the above circumstances, the undersigned concurs with the Probation Officer’s

recommendation and that the Probation Officer should have the discretion to modify the amount

of monthly payments that the Defendant has to pay towards her re 

Dated: April l4, 2014 
ALAN I(`AY '"',_
UNITED STATES j RATE JUDGE

If the Trial Court concurs with this Report and Recommendation, the Trial Court may
sign below.

Dated: w \»<  

~ &b;l 33 /17¢' COLLEEN KOLLAR-I@OTELLY
) UNITED STATES DISTRICT JUDGE

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