Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00304-WYD
PROB 12 (02/05-D/CO)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. ROBERT E. CHARLTON Docket Number: 01-cr-00304-WYD Petition on Supervised Release COMES NOW, Gary R. Kruck, probation officer of the court, presenting an official report upon the conduct and attitude of ROBERT E. CHARLTON who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 14th day of August 2002, who fixed the period of supervision at three (3) years, 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. The defendant will be required to pay the cost of treatment as directed by the probation officer.

On June 21, 2007, the defendant's conditions of supervised release were modified to include a special condition requiring the defendant to reside in a residential re-entry center for a period of up to six (6) months. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of supervised release and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 10th day of October 2007, and ordered filed and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. s/ Gary R. Kruck Gary R. Kruck Senior U.S. Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Judge Place: Denver, Colorado Date: October 9, 2007

Case 1:01-cr-00304-WYD

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ATTACHMENT On June 16, 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 a copy of them. The term of supervised release commenced on June 12, 2006. The defendant has violated the following conditions of supervised release: 1. USE OF ALCOHOL:

On or about October 5, 2007, the defendant ingested alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 5, 2007, between 2:30 a.m. and 2:50 a.m., the defendant submitted to three breath tests at Independence House (Residential Re-Entry Center). All three breath tests tested positive for alcohol. On this same date, the defendant admitted to his probation officer that he ingested alcohol. The defendant has a special condition of supervised release which orders him to abstain from the use of alcohol or other intoxicants during the course of substance abuse treatment. The defendant was enrolled in substance abuse treatment at the time of the violation. The defendant is also prohibited from ingesting alcohol while residing at Independence House. 2. USE OF ALCOHOL:

On or about August 16, 2007, the defendant ingested alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 16, 2007, the defendant provided a random urine specimen at Independence House. The specimen tested positive for alcohol. On August 28, 2007, the defendant admitted that he consumed alcohol. The defendant has a special condition of supervised release which orders him to abstain from the use of alcohol or other intoxicants during the course of substance abuse treatment. The defendant was enrolled in substance abuse treatment at the time of the violation. The defendant is also prohibited from ingesting alcohol while residing at Independence House.

3.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 17, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release.

Case 1:01-cr-00304-WYD This charge is based on the following facts:

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On July 17, 2007, the defendant provided a urine specimen at Independence House, which tested positive for cocaine. On August 8, 2007, the defendant admitted using cocaine. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about May 28, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 28, 2007, the defendant provided a urine specimen at Correctional Management Incorporated (CMI) which tested positive for cocaine. On June 11, 2007, the defendant admitted using cocaine. 5. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about April 4, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 4, 2007, the defendant provided a urine specimen at CMI which tested positive for cocaine. On April 18, 2007, the defendant admitted using cocaine. 6. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about October 17, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 17, 2006, the defendant provided a urine specimen at CMI which tested positive for cocaine. On October 24, 2006, the defendant admitted using cocaine. 7. FAILURE TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to provide a random urine specimen at CMI, the testing and treatment program in which the probation officer had directed him to participate, on October 28, December 31, 2006, February 24, and July 12, 2007. This charge is based on the following facts: The Probation Office received written notification from CMI that the defendant failed to provide a random urine specimen on October 28, December 31, 2006, February 24, and July 12, 2007.