USA v. Shawley

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA 	CRIMINAL ACTION
VERSUS 	NO. 17-44
MICHAEL SHAWLEY 	SECTION "S"
ORDER AND REASONS
IT IS HEREBY ORDERED that defendant, Michael Shawley's, Motion for Early
Termination of Supervised Release (Rec. Doc. 74) is DENIED.
BACKGROUND
Defendant, Michael Shawley, is currently under supervision in this court in connection
with his March 1, 2017 conviction. The conviction followed his arrest after a crime spree that
involved Shawley and others trespassing in a hotel room. Shawley and his counterparts were in
possession of drugs, items indicating that they were selling drugs (baggies and a scale), an illegal
silencer, a large capacity magazine, and firearms. When confronted, Shawley and his friends fled
from hotel personnel, but his girlfriend, C.S., was caught and arrested. Shawley and his friends
then decided to commit a robbery to obtain drugs to sell for bail money for C.S. Shawley and his
friends identified a victim, broke into the victim’s home while the victim was sleeping,
restrained him with zip ties, and robbed him at gunpoint. The robbery was planned and
premeditated.
After his arrest for these crimes, Shawley pleaded guilty to one count of brandishing a
firearm in furtherance of a drug trafficking crime. He was sentenced to 56 months in prison and
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three years of supervised release. Shawley began his term of supervised release on February 24,
2025. Thus, he has served over a year and a half of his supervised release term.
Shawley now seeks early termination of supervised release, arguing that he has complied
with all requirements of supervised release and attended every drug screen, had no contact with
law enforcement, secured and maintained employment, and established a home with his fiancée.
The government opposes early termination of supervised release. Defendant's probation officer
does not oppose it.
APPLICABLE LAW
Under title 18, section 3583(e)(1) of the United States Code, a court may "terminate a
term of supervised release . . . at any time after the expiration of one year of supervised release ...
if it is satisfied that such action is warranted by the conduct of the defendant released and the
interest of justice," after considering the factors set forth in 18 U.S.C. § 3553(a). Those factors
include the nature of the offense, the history and characteristics of the defendant, the need for the
sentence to deter criminal activity, the need to protect the public, the need to provide the
defendant with educational or vocational training, and the kinds of sentences and sentencing
ranges available. 18 U.S.C. § 3553(a). The United States Sentencing Guidelines state that the
question whether "the termination is warranted by the conduct of the defendant and in the
interest of justice" should be made by the court "after an individualized assessment of the need
for ongoing supervision . . . following consultation with the government and the probation
officer. . . ." U.S.S.G. § 5D1.4(b) (citing 18 U.S.C. § 3583(e)(1)). Section 3583(e)(1) "confers
broad discretion" on the court in determining whether termination of supervised release is
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warranted. United States v. Jeanes, 150 F.3d 483, 484 (5th Cir. 1998).
DISCUSSION
Shawley has served over one year of his supervised release term. He has met most of the
requirements for supervised release, although he did test positive for cocaine use in July of 2025.
He also has made commendable progress with employment and other positive life changes.
However, having conducted an individualized assessment, on the record before it, and
considering the factors set forth in 18 U.S.C. § 3553(a), the court finds early termination is
inappropriate. Shawley participated in a serious, premeditated crime. While he was only twenty
years old at the time of the instant offense, Shawley already had two prior convictions, for
distribution of marijuana while possessing a firearm at age 19 and for vehicular homicide at age
20. Shawley also had three additional arrests not resulting in convictions, for firearm and
narcotics offenses. In addition, Shawley has a history of drug use, and much of his prior criminal
conduct appears to have been influenced by his drug use. The court also finds it significant that
his one supervised release violation involved the use of cocaine, just over a year ago.
Considering the serious nature and circumstances of Shawley's conduct in the instant
case, as well as the history and characteristics of the defendant, the court finds that application of
18 U.S.C. § 3553(a)(1) requires a denial of Shawley's request for early termination. While
Shawley appears to be on the right track, keeping him under court supervision serves to help
protect the public, provide drug testing and rehabilitation services for the defendant, and deter
him from committing additional crimes. Accordingly,
IT IS HEREBY ORDERED that defendant, Michael Shawley's, Motion for Early
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Termination of Supervised Release (Rec. Doc. 74) is DENIED.
New Orleans, Louisiana, this _____ day of October, 2026.
____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE
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