Petition for Action on Supervised Release — U.S.A. vs. Monica Faye Barnes, Docket No. 5:23-CR-94-2D (Dkt. 108, E.D.N.C.)
Summary
U.S. Probation Officer Jay Kellum reports to the Eastern District of North Carolina on Monica Faye Barnes, Docket No. 5:23-CR-94-2D, who pleaded guilty to Conspiracy to Commit Wire Fraud and was sentenced by Judge James C. Dever III on July 28, 2023 to 12 months and one day in custody and three years of supervised release, which began May 3, 2024. A Violation Report of November 12, 2024 said Barnes had made no restitution payments, and on August 27, 2025 the court lowered the required monthly payments to $50, restarting October 1, 2025. The petition says Barnes has paid $175 and is in arrears $375, and that a recent financial statement shows Barnes is able to meet the $50 installment. It recommends that supervision continue without modification under conditions that include restitution and financial counseling; Barnes signed a Waiver of Hearing. It was filed 08/24/26.
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UNITED STATES DISTRICT COURT
for the
EASTERN DISTRICT OF NORTH CAROLINA
U.S.A. vs. Monica Faye Barnes Docket No. 5:23-CR-94-2D
Petition for Action on Supervised Release
COMES NOW Jay Kellum, U.S. Probation Officer of the court, presenting a petition for modification of
the Judgment and Commitment Order of Monica Faye Barnes, who, upon an earlier plea of guilty to
Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. §§ 1349 and 1343, was sentenced by the
Honorable James C. Dever III, U.S. District Judge, on July 28, 2023, to the custody of the Bureau of Prisons
for a term of 12 months and one day. It was further ordered that upon release from imprisonment the
defendant be placed on supervised release for a period of three years.
Monica Faye Barnes was released from custody on May 3, 2024, at which time the term of supervised
release commenced.
On November 12, 2024, a Violation Report was submitted to the court advising that the defendant had made
no payments towards her restitution since being released from the Bureau of Prisons. The court agreed to
continue supervision.
On August 27, 2025 , a Petition for Action was approved by the court lowering the defendant' s required
monthly payments to $50.
At sentencing, the defendant was ordered to abide by mandatory, standard, and special conditions of
supervision, with the mandatory condition of drug testing suspended. Pursuant to Section 501.4 of the
Federal Sentencing Guidelines, the United States Probation Office has conducted an individualized
assessment, taking the following factors into consideration: 18 U.S.C . §§ 3583(c) and (e)(2). Based on this
assessment, it is recommended that the defendant be subject to the mandatory conditions that were imposed
at sentencing, the standard conditions, as referenced in the current standing order for the Eastern District of
North Carolina, and the below special conditions, as well as any other conditions previously imposed by
means of prior court action during the term of supervision.
IT IS THE ORDER OF THE COURT THAT YOU SHALL COMPLY WITH THE FOLLOWING
ST AND ARD CONDITIONS:
1. You must report to the probation office in the federal judicial district where you are authorized to
reside within 72 hours of release from imprisonment, unless the probation officer instructs you to
report to a different probation office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the
probation officer about how and when you must report to the probation officer, and you must report
to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without
first getting permission from the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or
anything about your living arrangements (such as the people you live with), you must notify the
probation officer at least IO days before the change. If notifying the probation officer in advance is
not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
Case 5:23-cr-00094-D Document 108 Filed 08/24/26 Page 1 of 3
Monica Faye Barnes
Docket No. 5:23-CR-94-2D
Petition For Action
Page2
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you
must permit the probation officer to take any items prohibited by the conditions of supervision that
he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the
probation officer excuses you from doing so. If you do not have full-time employment, you must
try to find full-time employment, unless the probation officer excuses you from doing so. If you
plan to change where you work or anything about work (such as position or job responsibilities),
you must notify the probation officer at least IO days before the change. If notifying the probation
officer at least 10 days in advance is not possible due to unanticipated circumstances, you must
notify the probation officer within 72 hours of becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If
you know someone has been convicted of a felony , you must not knowingly communicate or interact
with that person without first getting the permission of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer
within 72 hours.
I 0. You must not own, possess, or have access to a firearm , ammunition, destructive device, or
dangerous weapon (i.e. , anything that was designed, or was modified for, the specific purpose of
causing bodily injury or death to another person such as nunchakus or tasers).
11 . You must not act or make any agreement with a law enforcement agency to act as a confidential
human source or informant without first getting the permission of the court.
12. Jfthe probation officer determines that you pose a risk to another person (including an organization),
the probation officer may require you to notify the person about the risk and you must comply with
that instruction. The probation officer may contact the person and confirm that you have notified
the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
IT IS THE FURTHER ORDER OF THE COURT THAT YOU SHALL COMPLY WITH THE
FOLLOWING SPECIAL CONDITIONS:
l . The defendant shall not incur new credit charges or open additional lines of credit without the
approval of the probation office.
2. The defendant shall provide the probation office with access to any requested financial information.
3. The defendant must make restitution in accordance with 18 U.S .C. §§ 3663 and 3663A or any other
statue authorizing a sentence of restitution.
4. The defendant shall submit to financial or consumer credit counseling, as directed by the
probation office.
Case 5:23-cr-00094-D Document 108 Filed 08/24/26 Page 2 of 3
Monica Faye Barnes
Docket No. 5:23-CR-94-2D
Petition For Action
Page3
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS:
Based on the individualized assessment of this case, it is respectfully recommended that the defendant
comply with the above conditions.
On August 27, 2025 , the Court approved Barnes' s payment plan to restart on October 1, 2025 , at the rate
of $50 per month. To date, she has paid $175 and is currently in arrears $375. A recent financial statement
provided by the defendant reveals she is financially able to meet the $50 monthly installment. The
defendant understands the importance of paying her court indebtedness and assures the court that the above-
mentioned installments wi ll resume immediately.
At this time, it is respectfully recommended that the term of supervision be continued without modification.
Should future violations occur, the court will be notified .
The defendant signed a Waiver of Hearing acknowledging and agreeing to the standard and special
conditions as outlined above.
PRAYING THAT THE COURT WILL ORDER the defendant is continued under supervision and
subject to the above-listed conditions of supervision. To the extent that any of these conditions vary from
those imposed at the time of sentencing, based on the individualized assessment conducted, these conditions
replace those originally imposed. In consultation with the probation officer the court has conducted an
individualized assessment and except as herein modified, the judgment shall remain in full force and effect.
Reviewed and approved, I declare under penalty of perjury that the foregoing
is true and correct.
Isl Melissa K. Lunsmann Isl Jay Kellum
Melissa K. Lunsmann Jay Kellum
Supervising U.S. Probation Officer U.S. Probation Officer
200 Williamsburg Pkwy, Unit 2
Jacksonville, NC 28546-6762
Phone:910-346-5109
Executed On: August 21 , 2026
ORDER OF THE COURT
Considered and ordered this 2.4 day of _ _.A
~ v=--,-3+-'-v~r
_ l __ _ , 2026, and ordered filed and
made a part of the records in the above case.
James . Dever III
U.S. District Judge
Case 5:23-cr-00094-D Document 108 Filed 08/24/26 Page 3 of 3
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