Petition for Action on Supervised Release — U.S.A. vs. Timothy Kelvin Harvey, Docket No. 5:23-CR-293-5D (Dkt. 344, E.D.N.C.)
Summary
U.S. Probation Officer Andrew B. Medley petitions the Eastern District of North Carolina to modify the supervised release of Timothy Kelvin Harvey, who pleaded guilty to conspiracy to commit mail fraud and was sentenced by U.S. District Judge James C. Dever III on September 3, 2024 to 18 months in prison and 36 months of supervised release; supervision began on Harvey's release on August 13, 2025. The petition reports that on December 10, 2025 a Halifax County, N.C. court found Harvey in civil contempt for failing to pay child support and failing to appear; Harvey is $6,206.45 in child support arrears. Harvey has made no payments toward the special assessment and restitution ordered at $300.00 per month and is $900 in arrears. Probation asks the court to reduce the monthly payment to $50.00; Harvey signed a waiver of hearing, and Judge Dever signed the order approving the change.
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UNITED STA TES DISTRICT COURT
for the
EASTERN DISTRICT OF NORTH CAROLINA
U.S.A. vs. Timothy Kelvin Harvey Docket No. 5:23-CR-293-5D
Petition for Action on Supervised Release
COMES NOW Andrew B. Medley, U.S . Probation Officer of the court, presenting a petition for
modification of the Judgment and Commitment Order of Timothy Kelvin Harvey, who, upon an earlier plea
of guilty to Conspiracy to Commit Mail Fraud, in violation of 18 U.S.C. §§ 1349 and 1341 , was sentenced
by the Honorable James C. Dever III, U.S. District Judge, on September 3, 2024, to the custody of the
Bureau of Prisons for a term of 18 months. It was further ordered that upon release from imprisonment the
defendant be placed on supervised release for a period of 36 months.
Timothy Kelvin Harvey was released from custody on August 13, 2025 , at which time the term of
supervised release commenced.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS:
On December 10, 2025, the defendant was held in civil contempt of court in Halifax County, North
Carolina, both by his failure to pay child support as ordered, and by his failure to appear in court for the
related hearing. As of December 2025, the defendant has a financial obligation to pay $131 per month
towards North Carolina Child Support. The defendant is $6,206.45 in arrears.
Additionally, as a condition of supervision, the defendant was ordered to pay a $100 special assessment and
restitution in the amount of$51, 185.00, at a rate of $300.00 per month, beginning 60 days after release from
prison. The defendant has failed to make any payments toward this outstanding financial obligation and he
is currently $900 in arrears, with an outstanding balance due of $51 ,260.00. Based on a review of the
defendant' s financial information, the probation office has determined that the defendant is unable to make
payments in the originally ordered amount, and a reduced monthly payment of $50.00 is appropriate.
The defendant signed a Waiver of Hearing agreeing to the proposed modification of supervision.
PRAYING THAT THE COURT WILL ORDER that supervised release be modified as follows:
1. The defendant shall comply with a modified payment plan reducing the monthly payment toward
the court-ordered financial obligation to $50.00, as directed by the probation office.
Except as herein modified, the judgment shall remain in full force and effect.
Case 5:23-cr-00293-D-BM Document 344 Filed 02/10/26 Page 1 of 2
Timothy Kelvin Harvey
Docket No. S:23-CR-293-5D
Petition For Action
Page2
Reviewed and approved, I declare under penalty of perjury that the foregoing
is true and correct.
Isl Melissa K. Lunsmann Isl Andrew B. Medley
Melissa K. Lunsmann Andrew B. Medley
Supervising U.S. Probation Officer U.S. Probation Officer
310 New Bern Avenue, Room 610
Raleigh, NC 27601-1441
Phone: 984-212-1689
Executed On: February 9, 2026
ORDER OF THE COURT
Considered and ordered this IO day of fe br:V 0..Afj , 2026, and ordered filed and
made a part of the records in the above case.
Jam;. Dever III
U.S. District Judge
Case 5:23-cr-00293-D-BM Document 344 Filed 02/10/26 Page 2 of 2
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