Motion to Terminate Probation — United States v. Andre Lee Gaines

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 33 · 2025-07-15 · Docket on CourtListener

Full text

MOTION TO TERMINATE PROBATION 
 
COMES NOW Defendant, ANDRES LEE GAINES, by and through 
undersigned counsel, and moves this Court for an order terminating his probation 
in the above-referenced case, pursuant to 18 U.S.C. § 3564(c).  For cause, Mr. 
Gaines shows the following: 
(1)  
Mr. Gaines began probation on October 8, 2021.  (Doc. 12).  On October 8, 
2021, the Court sentenced him to serve five years of probation for false, fictitious, 
or fraudulent statement or representation to a department or agency of the United 
States.  (Id.).  He has served three years and nine months of the five-year term of 
probation without incident. 
(2) 
Title 18 U.S.C. § 3564(c) provides that the court may terminate a term of 
probation after the service of one year. 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION   
 
UNITED STATES OF AMERICA      
 
 
 
                              
 
 
 
 
CRIMINAL ACTION NO. 
v.                  
 
 
 
 
 
1:21-CR-00206-JPB 
 
ANDRE LEE GAINES 
 
 
Case 1:21-cr-00206-JPB     Document 33     Filed 07/15/25     Page 1 of 3

(3) 
 
The parties disagree on the monthly restitution amount. 
  
(4) 
 
Under the Guide to Judiciary Policy, Vol. 8, Part E, § 360.20 “Early 
Termination”, subsection (c) advises that “[a]t 18 months, there is a presumption 
in favor of recommending early termination for persons who meet [six 
enumerated] criteria.”1  Mr. Gaines meets all of them: (1) he is not a career drug 
offender or career criminal; (2) presents no special risk to the public; (3) has had 
no violations for over 12 months; (4) has shown his ability to self-manage; (5) is in 
compliance with conditions of supervision; and (6) is engaged in “appropriate 
prosocial activities and receives prosocial support to remain lawful well beyond 
the period of supervision.”  Notably, subsection (e), indicates that “The existence 
of an outstanding financial penalty does not adversely affect early termination 
eligibility, as long as the person under supervision is in compliance with the 
payment plan for the prior 12 months.”2 
 
 
 
 
1 Available at: https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-8-
probation-and-pretrial-services/part-e-post-conviction-supervision/ch-3-framework-
effective-supervision#360_20 
(last visited July 14, 2025).  
 
2 Id. 
Case 1:21-cr-00206-JPB     Document 33     Filed 07/15/25     Page 2 of 3

(5) 
 
The probation office, through Officer Support Specialist Jabria Seay, has 
informed counsel for Mr. Gaines that he has been in compliance with the terms of 
his probation and consents to termination at this time. The government, through 
Assistant United States Attorney Nathan Kitchens, consents to the termination of 
probation. 
WHEREFORE, Mr. Gaines respectfully requests that this Court terminate 
his probation.  
Respectfully submitted this 15th day of July, 2025. 
 
 
 
 
 
 
 
 
/s/ Rosalyn Chang   
 
 
 
 
 
 
 
 
ROSALYN CHANG 
 
 
 
 
 
 
 
GEORGIA BAR NO. 653371 
 
 
 
 
 
 
 
ATTORNEY FOR MR. GAINES 
 
 
Federal Defender Program, Inc. 
Centennial Tower, Suite 1500 
101 Marietta Street, N.W. 
Atlanta, Georgia 30303 
(404) 688-7530; Fax: (404) 688-0768 
Rosalyn_Chang@fd.org 
Case 1:21-cr-00206-JPB     Document 33     Filed 07/15/25     Page 3 of 3

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