Free Sealed Document - District Court of Colorado - Colorado

Case 1:00-cr-00484-WDM
PROB 12M (10/01-D/CO)

Document 32

Filed 05/23/2007

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. ANTHONY JAMES SMEDLEY

Docket No. 00-cr-00484-WDM-01

Petition for Issuance of Arrest Warrant because of Violation of Probation and/or Supervised Release COMES NOW, James Murphy, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of Anthony James Smedley who was placed on supervision by the Honorable Walker D. Miller, sitting in the Court at Denver, Colorado, on the 31st day of May, 2001, who fixed the period of supervision at three (3) years, commencing May 25, 2006, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment and shall pay the cost of treatment as directed by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

Petitioner states there is probable cause to believe that the Defendant has violated a condition of supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court issue a warrant for the arrest of the Defendant who violated a condition of supervised release and that this petition and the warrant be sealed until after Defendant' arrest. s I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 22nd day of May, 2007. s/ James Murphy James Murphy, Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of supervised release. I order that a warrant for Defendant' arrest be issued and that this Petition and Order, as well as the s warrant, be sealed until Defendant' arrest. s Dated this 23rd day of May, 2007. s/ Walker D. Miller __________________________________________ WALKER D. MILLER, United States District Judge

Case 1:00-cr-00484-WDM

Document 32
ATTACHMENT

Filed 05/23/2007

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On May 25, 2006, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on May 25, 2006. The defendant has committed the following violations of supervised release: 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE :

On or about August 30, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 30, 2006, the defendant reported to my office and while submitting a urine sample, admitted to using marijuana, stating, " have been stressed, I was offered some and I smoked. I know I made a mistake, and will not let it happen again." I After receiving the positive results for the use of cocaine, I confronted the defendant again about his use of illegal substances. He did not change his story, continues to admit to the use of marijuana, but denied any use of cocaine. On September 25, 2006, I notified the Court of the defendant' use of cocaine. The defendant' substance abuse counseling s s and random urinalysis testing was increased and your Honor concurred with Probation that no further action was required at that time.

2.

VIOLATION OF THE LAW :

On March 23, 2007, the defendant pled guilty to Aggravated Extortion, in violation of C.R.S. 18-3-207(1)(a),(b)(II),(2). This is a Class 4 Felony, which constitutes a Grade B violation of supervised release. This charge is based on the following facts: On January 29, 2007, the Fountain Police Department responded to a domestic violence call at 7265 Alegre Circle, Fountain, Colorado, the residence of a family member. The defendant' wife, Amber Smedley, had called the police s because the defendant had assaulted her and was threatening to kill the whole family by running his car through the home if she did not leave with him. While investigating the call the officers saw marks on the defendant' girlfriend' neck s s consistent with choking. The defendant was charged in El Paso County District Court Case No. 2007-CR-00518 with: Count I, Felony Menacing Real/Simulated Weapon, Count II, Assault 2 - Intent Cause Serious Bodily Injury -Heat/Passion, Count III, Extortion-Invoking Action of Third Party, Count IV, Kidnaping 2 - Seize/Carry Victim , Count V, Assault 3 Know/Reckless Cause Injury, Count VI, False Imprisonment, Count VII, Reckless Endangerment, Count VIII, Reckless Driving and Count IX, Violent Crime -Used Weapon. The defendant has been incarcerated since his arrest in this new felony case. On May 17, 2007, the defendant appeared with counsel in El Paso County District Court and pled guilty to Count I, Aggravated Extortion, in violation of C.R.S. 18-3-207(1)(a),(b)(II),(2); as per the Plea Agreement, all other counts were dismissed. He was sentenced on the same date to five (5) years Department of Corrections (credit for 109 days time served), followed by a three (3) year term of Parole. He was also ordered to pay costs and restitution to be determined at a later date.