govinfo:USCOURTS-ncwd-3_20-cr-00385-24

WD/NC Agreed Order (Rev. 10/2024) 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 
UNITED STATES OF AMERICA 
v. 
Melissa Renee Eagly 
Defendant 
Crim. No. 0419 3:20CR00385-005 
AGREED ORDER AND JUDGMENT 
TO REVOKE SUPERVISED RELEASE 
Upon Petition of the U.S. Probation Office and Addendum thereto, joined herein by the 
United States and the defendant, to revoke the supervised release of defendant Melissa Renee 
Eagly for good cause shown therein, and based on agreement of the parties as set forth herein: 
AGREEMENT OF UNITED STATES AND DEFENDANT 
The defendant stipulates and agrees that he/she has violated the terms and conditions of 
supervised release in the following respects: 
Petition for Warrant for Offender Under Supervision — Filed 09/20/2024 
1. DRUG/ALCOHOL USE (Date violation concluded: 9/3/2024). 
The defendant has violated the condition of supervision that states, "the defendant 
shall refrain from excessive use of alcohol and shall not unlawfully purchase, 
possess, use, distribute or administer any narcotic or controlled substance or any 
psychoactive substances (including, but not limited to, synthetic marijuana, bath 
salts) that impair a person's physical or mental functioning, whether or not intended 
for human consumption, or any paraphernalia related to such substances, except as 
duly prescribed by a licensed medical practitioner". Specifically, 
A. On 3/18/2024, the defendant provided a sample for urinalysis which yielded 
a positive result for amphetamine(s). The defendant also signed a written 
admission to the use of "methamphetamine(s)". 
B. On 5/29/2024, the defendant provided a sample for urinalysis which yielded 
a positive result for amphetamine(s). On this same date, the defendant also 
signed a written admission to the use of "methamphetamine(s)". 
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C. On 6/12/2024, the defendant provided a sample for urinalysis which yielded 
a positive result amphetamine(s). The defendant also signed a written 
admission to the use methamphetamine(s). This sample was sent to Alere 
Toxicology Services and the report confirmed the presence of 
methamphetamine(s). 
Additionally, urinalysis results collected on 6/14/2024 and 6/17/2024 would 
also yield positive results for amphetamine(s); however, these two instances 
of non-compliance were the result of testing conducted at a treatment 
provider and were addressed as a single relapse surrounding the events 
reported in paragraph C. 
The instances of non-compliance listed above were reported to the court by 
way of the modification filed in this case on 8/1/2024. 
D. On 8/15/2024, the defendant provided a sample for urinalysis which yielded 
a positive result amphetamine(s). The defendant also signed a written 
admission to the use of "meth". 
E. On 9/3/2024, the defendant provided a sample for urinalysis which yielded 
a positive result amphetamine/methamphetamine. This sample was sent to 
Alere Toxicology Services and the report confirmed the presence of 
methamphetamine. 
When confronted about these urinalysis results, the defendant denied illegal 
drug use. 
(Grade C) 
2. UNAUTHORIZED COMMUNICATION/INTERACTION WITH FELON 
(Date violation concluded: 6/17/2024). 
The defendant has violated the condition of supervision that states, "the defendant 
shall not communicate or interact with any persons he/she knows is engaged in 
criminal activity and shall not communicate or interact with any person he/she 
knows to be convicted of a felony unless granted permission to do so by the 
probation officer." Specifically, 
On 6/17/2024, the defendant both verbally and in writing, admitted that she was in 
contact with a person known to her to be a convicted felon and person engaged in 
criminal activity. 
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The defendant admitted that she was actively in contact with a person named 
"Hunter Johnson" who she knew to have previously been convicted of a felony 
drug offense and knew him to be a person who was actively using/distributing 
methamphetamine. 
The instance of non-compliance listed above was reported to the court by way 
of the modification filed in this case on 8/1/2024 
(Grade C) 
3. FAILURE TO COMPLY WITH HOME DETENTION (Date violation 
concluded: 9/10/2024). 
The defendant has violated the condition of supervision that states, "the defendant 
shall submit to home detention, with location monitoring technology, for a period 
of 60 DAYS and comply with its requirements as directed. During this time, the 
defendant is restricted to the defendant's residence at all times except for 
employment; education; religious services; medical, substance abuse or mental 
health treatment; attorney visits; court appearances; court-ordered obligations; or 
other activities pre-approved by the probation officer. The defendant shall maintain 
a telephone at the defendant's place of residence without any "call forwarding," 
"Caller ID services," "call waiting," dial-up computer modems, 1-800 long distance 
call block, fax machine, voice over internet protocol (VOIP), burglar alarm or three-
way calling service." Specifically, 
A. On 9/10/2024, a review of the defendant's location monitoring technology 
report revealed that the defendant left her residence without the permission 
or pre-approval from her probation officer while participating in home 
detention on three specific occasions in the early morning hours of 
9/9/2024. The three unauthorized leave events occurred between 2:42AM-
2:59AM, 3:04AM-3:15AM and 3:15AM-3:30AM. 
The defendant later admitted that she "left her residence on multiple 
occasions in those early morning hours to go check on her partner Paul 
Wray who was out in the yard". The defendant could not articulate the 
amount of time she was in the yard but stated she was checking on Paul 
Wray as he was asleep/passed-out in the yard". 
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B. On 9/20/2024, the defendant verbally admitted to her probation officer that 
in the evening hours of 9/10/2024, she slept outside of her residence in a 
vehicle while participating in home detention. The defendant did not have 
permission from her probation officer to do so. 
The defendant stated that she needed to "cool off for comfort purposes" and 
chose to sleep outside in her vehicle. This was not previously known to the 
(Grade C) 
Addendum to Petition for Warrant for Offender Under Supervision — Filed 09/26/2024 
. DRUG/ALCOHOL USE (Date violation concluded: 9/18/2024). 
The defendant has violated the condition of supervision that states, "the defendant 
shall refrain from excessive use of alcohol and shall not unlawfully purchase, 
possess, use, distribute or administer any narcotic or controlled substance or any 
psychoactive substances (including, but not limited to, synthetic marijuana, bath 
salts) that impair a person's physical or mental functioning, whether or not intended 
for human consumption, or any paraphernalia related to such substances, except as 
duly prescribed by a licensed medical practitioner". Specifically, 
F. On 9/11/2024, the defendant provided a sample for urinalysis which yielded 
a positive result for amphetamine(s). 
G. On 9/18/2024, the defendant provided a sample for urinalysis which yielded 
a positive result for amphetamine(s). 
Note to the court: The urinalysis results collected on 9/11/2024 and 9/18/2024 
were not received by the probation office until after the filing of the original 
petition on 9/20/2024. 
H. On 9/24/2024, the defendant provided a sample for urinalysis which yielded 
a positive result for amphetamine(s). 
On 9/26/2024, the defendant signed a written admission to the use 
methamphetamine(s) on 9/3/2024, 9/11/2024, 9/18/2024, 9/24/2024. 
(Grade C) 
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WD/NC Agreed Order (Rev. 10/2024) 
The parties stipulate, pursuant to the Chapter 7 Policy Statements, U.S. Sentencing 
Guidelines, that the defendant has a Criminal History Category of I and that the defendant's 
violations are a maximum Grade C. 
Based thereon the parties stipulate, pursuant to U.S.S.G. §7B1.4, that the Guidelines range 
of imprisonment for a Grade C violation and a Criminal History Category of I is a term of 
imprisonment from 3 to 9 months. 
If accepted by the Court, the parties agree, pursuant to Federal Rules of Criminal Procedure 
11(c)(1)(C) and 32.1, that the Court should revoke supervised release and order the defendant to 
be imprisoned for a period of 3 months, to be followed by 24 (TWENTY-FOUR) months of 
supervised release, as set forth below in the Agreed Sentence section of this Order. If the Court 
rejects this sentencing agreement, the defendant has the right to withdraw from this Agreed Order 
and have an evidentiary hearing on the Petition for revocation of supervised release. 
DEFENDANT'S ACKNOWLEDGMENT AND WAIVER 
The defendant acknowledges that he/she is admitting the violations of supervised release 
because he/she did, in fact, violate the conditions of supervised release set forth above. 
The defendant acknowledges that he/she has had an opportunity 1) to review the written 
notice of the alleged violations of supervised release and 2) to review the evidence against him/her 
related to those alleged violations. 
The defendant further acknowledges that he/she is aware of the following rights and is 
knowingly waiving these rights in exchange for the agreed sentence: 
1) The opportunity to appear personally, present evidence, and question adverse witnesses 
at a revocation hearing; and 
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Jackie Anderson 
WD/NC Agreed Order (Rev. 10/2024) 
2) The opportunity to make a statement personally to the Court in mitigation of sentence 
and to present mitigating evidence to the Court. 
If the Court accepts the agreed sentence, the defendant knowingly waives the right to 
contest the revocation of supervised release and the defendant's sentence in any appeal or post-
conviction action. Claims of (1) ineffective assistance of counsel and (2) prosecutorial 
misconduct, and those claims only, are exempt from this waiver. 
The defendant further acknowledges that the Court may impose conditions of supervised 
release different from or in addition to those that were imposed in the original Judgment. 
APPROVED 
Melissa Renee Eagly 
Defendant 
/1-Attorn for Defendant Assistant United States Attorney 
Brandon Roseman Shavonn Bennette 
Supervisory U.S. U.S. Probation Officer U.S. Probation Officer 
Joseph Shannon-Kellerman 
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WD/NC Agreed Order (Rev. 10/2024) 
AGREED SENTENCE 
Upon agreement of the parties as set forth above, it is hereby ORDERED that the 
previously imposed period of supervised release is REVOKED. 
It is further ORDERED that the defendant Melissa Renee Eagly be and is hereby 
SENTENCED to a term of imprisonment of 3 MONTHS on Count lss and Count lOss of the 
Judgment, to be served concurrently. 
It is further ORDERED that after being released from the sentence of imprisonment 
ordered herein, the defendant be and is hereby ORDERED to serve an additional term of 
supervised release of 24 (TWENTY-FOUR) months, on Count lss and Count 1 Oss of the 
Judgment, to be served concurrently. 
It is further ORDERED that during the additional term of supervised release, the defendant 
must abide by the following mandatory and discretionary conditions that have been adopted by 
this Court, as well as the following agreed upon special conditions of supervised release: 
Mandatory Conditions: 
1. The defendant shall not commit another federal, state, or local crime. 
2. The defendant shall not unlawfully possess a controlled substance. 
3. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall 
submit to one drug test within 15 days of release from imprisonment and at least two periodic 
drug tests thereafter, as determined by the Court, unless the condition of mandatory drug testing 
is waived below. 
Check if waived: ❑ The condition for mandatory drug testing is suspended based on the Court's 
determination that the defendant poses a low risk of future substance abuse. 
4. The defendant shall cooperate in the collection of DNA as directed by the probation officer 
(unless omitted by the Court). 
Discretionary Conditions: 
1. The defendant shall report to the probation office in the federal judicial district where he/she is 
authorized to reside within 72 hours of release from imprisonment, unless the probation officer 
instructs the defendant to report to a different probation office or within a different time frame. 
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2. The defendant shall report to the probation officer in a manner and frequency as directed by the 
Court or probation officer. 
3. The defendant shall not leave the federal judicial district where he/she is authorized to reside 
without first getting permission from the Court or probation officer. 
4. The defendant shall answer truthfully the questions asked by the probation officer. However, 
defendant may refuse to answer a question if the truthful answer would tend to incriminate 
him/her of a crime. Refusal to answer a question on that ground will not be considered a 
violation of supervised release. 
5. The defendant shall live at a place approved by the probation officer. The probation officer shall 
be notified in advance of any change in living arrangements (such as location and the people 
with whom the defendant lives). If advance notification is not possible due to unanticipated 
circumstances, the defendant shall notify the probation officer within 72 hours of becoming 
aware of a change or expected change. 
6. The defendant shall allow the probation officer to visit him/her at any time at his/her home or 
any other reasonable location as determined by the probation office, and shall permit the 
probation officer to take any items prohibited by the conditions of his/her supervision that the 
probation officer observes. 
7. The defendant shall work full time (at least 30 hours per week) at lawful employment, actively 
seek such gainful employment or be enrolled in a full time educational of vocational program 
unless excused by the probation officer. The defendant shall notify the probation officer within 
72 hours of any change regarding employment or education. 
8. The defendant shall not communicate or interact with any persons he/she knows is engaged in 
criminal activity, and shall not communicate or interact with any person he/she knows to be 
convicted of a felony unless granted permission to do so by the probation officer. 
9. The defendant shall notify the probation officer within 72 hours of being arrested or questioned 
by a law enforcement officer. 
10. The defendant shall 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. The defendant shall not act or make any agreement with a law enforcement agency to act as a 
confidential informant without first getting the permission of the Court. 
12. The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase, 
possess, use, distribute or administer any narcotic or controlled substance or any psychoactive 
substances (including, but not limited to, synthetic marijuana, bath salts) that impair a person's 
physical or mental functioning, whether or not intended for human consumption, or any 
paraphernalia related to such substances, except as duly prescribed by a licensed medical 
practitioner. 
13. The defendant shall participate in a program of testing for substance abuse. The defendant shall 
refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency 
and accuracy of the testing. The defendant shall participate in a substance abuse treatment 
program and follow the rules and regulations of that program. The probation officer will 
supervise the defendant's participation in the program (including, but not limited to, provider, 
location, modality, duration, intensity) (unless omitted by the Court). 
14. The defendant shall not go to, or remain at any place where he/she knows controlled substances 
are illegally sold, used, distributed, or administered without first obtaining the permission of the 
probation officer. 
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15. The defendant shall submit to a search if the Probation Officer has a reasonable suspicion that 
the defendant has committed a crime or a violation of a condition of supervised release. Such a 
search may be conducted by a U.S. Probation Officer, and such other law enforcement personnel 
as the probation officer may deem advisable, without a warrant or the consent of the defendant. 
Such search may be of any place where evidence of the above may reasonably be expected to 
be found, including defendant's person, property, house, residence, vehicle, communications or 
data storage devices or media or office. 
16. The defendant shall pay any financial obligation imposed by this judgment remaining unpaid as 
of the commencement of the sentence of probation or the term of supervised release in 
accordance with the schedule of payments of this judgment. The defendant shall notify the court 
of any changes in economic circumstances that might affect the ability to pay this financial 
obligation. 
17. The defendant shall support all dependents including any dependent child, or any person the 
defendant has been court ordered to support. 
18. The defendant shall participate in transitional support services (including cognitive behavioral 
treatment programs) and follow the rules and regulations of such program. The probation officer 
will supervise the defendant's participation in the program (including, but not limited to, 
provider, location, modality, duration, intensity). Such programs may include group sessions led 
by a counselor or participation in a program administered by the probation officer. 
19. The defendant shall follow the instructions of the probation officer related to the conditions of 
supervision. 
Special Conditions: 
I. The defendant shall participate in a mental health evaluation and treatment program and follow 
the rules and regulations of that program. The probation officer, in consultation with the 
treatment provider, will supervise the defendant's participation in the program (including, but 
not limited to, provider, location, modality, duration, and intensity). The defendant shall take all 
mental health medications as prescribed by a licensed health care practitioner. 
2. The defendant shall participate in the Charlotte Rescue Mission treatment program and 
successfully complete the program as directed by the probation officer. 
In all other respects, the Judgment previously entered in this matter remains in full force 
and effect. 
So ORDERED and ADJUDGED, this the day of , 20 . 
Robert J. Conrad, Jr. 
US District Judge 
9 
23rd December 24
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