Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

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

Document 40

Filed 06/21/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. ROBERT E. CHARLTON Docket Number: 01-cr-00304-WYD

Petition for Modification of Conditions of 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.

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 defendant' conditions of supervised release be modified to include a s special condition requiring the defendant to reside in a residential re-entry center for a period of up to six (6) months, or until such time as the defendant is released from the facility by the probation officer. The defendant shall observe the rules of that facility. ORDER OF THE COURT Considered and ordered this 21st day of June, 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: June 20, 2007

Case 1:01-cr-00304-WYD

Document 40

Filed 06/21/2007

Page 2 of 2

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. On June 11, and 20, 2007, respectfully, the defendant and his attorney executed a form entitled " Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision"which waives the right to a hearing and agrees to the proposed modification of his conditions of supervised release. AUSA Linda McMahan has been consulted and has no objection to the proposed modification. This petition is based on the following facts: On October 17, 2006, the defendant provided a random urine specimen at Correctional Management Incorporated (CMI) which tested positive for cocaine. The defendant admitted using cocaine. On April 4, 2007, the defendant provided a random urine specimen at CMI which tested positive for cocaine. The defendant admitted using cocaine. On May 28, 2007, the defendant provided a random urine specimen at CMI which tested positive for cocaine. The defendant admitted using cocaine. The defendant failed to provide a random urine specimen on August 18, October 28, December 31, 2006, and February 24, 2007. The defendant has also had numerous police contacts since the commencement of supervision. Record checks do not reflect that any new criminal charges have been filed against the defendant. The Probation Office believes that the defendant can benefit from the added structure of a residential re-entry center. The defendant has a scheduled intake date of July 17, 2007. The defendant will continue to attend substance abuse treatment at CMI and will continue to provide random urine specimens at the most frequent testing level.