Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00292-WYD
PROB 12 (02/05-D/CO)

Document 64

Filed 04/18/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. QUINCY GREEN Docket Number: 01-cr-00292-WYD-01

Petition for Issuance of Arrest Warrant Due to Violations of Supervised Release COMES NOW, Richard Vaccaro, probation officer of the Court, presenting an official report upon the conduct and attitude of Quincy Green who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 27th 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 attached hereto and herein incorporated by reference.

PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for the arrest of the defendant for violations of supervised release and that the warrant and petition be sealed until the arrest of the defendant.

ORDER OF THE COURT Considered and ordered this 18ty day of April, 2008, and ordered filed under seal and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/ Richard Vaccaro Richard Vaccaro Supervising U.S. Probation Officer s/ Wiley Y. Daniel Wiley Y. Daniel U.S. District Judge Place: Denver, Colorado Date: April 15, 2008

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ATTACHMENT On January 29, 2007, the conditions of supervised release were read and explained to the defendant. On that date he acknowledged in writing that the conditions of supervised release had been read to him, that he fully understood the conditions, and had been provided a copy of them. The term of supervised release commenced January 26, 2007. The defendant has committed the following violations of supervised release: 1. LAW VIOLATION - VIOLATION OF PROTECTION ORDER:

On or about June 24, 2007, the defendant violated a restraining order, a Class 1 misdemeanor, in violation of Colorado Revised Statute, § 18-6-803.5(1), (2)(A), which constitutes a Grade C violation of supervised release. This charge is based on the following facts: The defendant was involved in a relationship with a woman and was subsequently subject to a restraining order based on an alleged violent incident on or about May 12, 2007. On June 5, 2007, Senior Probation Officer Michael Wilson instructed the defendant to comply with the restraining order. The defendant was arrested June 25, 2007, on a variety of assault charges and then jailed at the Denver County Detention Center. The new assaults were alleged to have occurred the day before. In Denver County District Court, Case No. 07CR3785, the defendant entered a plea of guilty to Count 2, Violation of Protection Order on November 29, 2007. On January 24, 2008, the defendant was sentenced to 60 days jail. The protected person in this case was a girlfriend of the defendant identified as Ms. Yiangeleece Miller. Defendant was represented by defense attorney Phelicia Kossie-Butler. On February 28, 2008, the defendant telephoned Senior Probation Officer Michael Wilson from the Denver jail and stated that he was guilty of the violation of restraining order charge. 2. LAW VIOLATION - THIRD DEGREE ASSAULT:

On or about June 24, 2007, the defendant committed Assault in the Third Degree, in violation of Colorado Revised Statute, § 18-3-204, an offense designated as "extraordinary risk" and carries a maximum exposure of 6 to 24 months in the county jail. This constitutes a Grade B violation of supervised release. This charge is based on the following facts: On or about June 24, 2007, the defendant assaulted Yiangeleece Miller and was subsequently arrested and detained at the Denver County Jail. In Denver County District Court, Case No. 07CR3785, defendant entered a plea of guilty to added Count 3, Assault in the Third Degree, a Class 1 misdemeanor punishable by up to 24 months in the county jail, on November 29, 2007. The defendant was represented by defense attorney Phelicia Kossie-Butler. On January 4, 2008, defendant was sentenced on this charge to 545 days in the Denver County Jail, to run concurrently with the 60-day sentence imposed in the Violation of Protection Order case. The

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defendant telephoned Senior Probation Officer Michael Wilson on February 28, 2008, and acknowledged that he had entered a plea of guilty to this charge before a Denver County Court judge. He asserted, during the telephone call, that he was actually innocent of the charge, but feared the exposure a conviction at trial could bring. A charge of Second Degree Assault Causing Serious Bodily Injury was dismissed upon motion of the District Attorney. 3. LAW VIOLATION - DRIVING WITHOUT VALID LICENSE:

On or about March 27, 2007, the defendant operated a motor vehicle without a valid driver's license in violation of Colorado Revised Statute, § 42-2-101. This constitutes a Grade C violation of supervised release. This charge is based on the following facts: On or about March 27, 2007, the defendant operated a motor vehicle without a valid driver's license. This case was adjudicated in Denver County Court, Case No. 07M05606. On or about August 31, 2007, the defendant entered a plea of guilty to Count 1, Driving Without a Valid Driver's License. Fees and costs of $151 were imposed. Charges of Driving Under Restraint and Driving Without Proof of Insurance were dismissed. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 10, 2007, the defendant used marijuana, 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 January 29, 2007, the defendant was referred to substance abuse counseling and testing at Correctional Management, Incorporated (CMI), the treatment vendor under contract with the U.S. Probation Office in Denver. On March 10, 2007, the defendant submitted a urine sample which tested positive for marijuana. The Probation Office file contains the laboratory test report reflecting this positive result. When interviewed on March 27, 2007, the defendant acknowledged he had been smoking marijuana and described it as an isolated episode. 5. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 23, 2007, the defendant used marijuana, 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 January 29, 2007, the defendant was referred to substance abuse counseling at CMI, the treatment vendor under contract with the U.S. Probation Office in Denver. On March 23, 2007, the defendant submitted a urine sample which tested positive for marijuana. The Probation Office file contains the laboratory test report reflecting this positive result. When interviewed on April 24, 2007, the defendant acknowledged he had used marijuana on more than one occasion.