Free Amended Document - District Court of Colorado - Colorado

Case 1:01-cr-00279-WYD

Document 59

Filed 07/20/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Johnny Frank Coleman Docket Number: 01-cr-00279-WYD

Petition to Amend Petition on Supervised Release COMES NOW, Gary L. Burney, probation officer of the court, presenting an official report upon the conduct and attitude of Johnny Frank Coleman who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 18th day of April, 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 and alcohol 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:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the deletion of Counts 1 and 4 and the addition of violation Counts 5 and 6 to the original petition dated February 27, 2007, which requested the issuance of a warrant for violations of supervised release. ORDER OF THE COURT Considered and ordered this 20th day of July, 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. s/Gary L. Burney Gary L. Burney U.S. Probation Officer

s/ Wiley Y. Daniel
Honorable Wiley Y. Daniel U.S. District Court Judge Place: Denver, Colorado Date: 7/19/07

Case 1:01-cr-00279-WYD

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Filed 07/20/2007

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ATTACHMENT On March 30, 2004, the conditions of supervised release were read and explained to the defendant. On that date he acknowledged that he fully understood the conditions, and he was provided a copy of them. The term of supervised release commenced on March 26, 2004. At the defendant's revocation hearing July 19, 2007, the government dismissed Counts One and Four of the original petition filed in this case in exchange for the defendant's admission to Counts Two and Three. Consequently, Count One and Four have been removed from this amended petition. However, additional violations have occurred subsequent to the initial petition filed in this case. These counts are noted below as Counts Five and Six. The defendant has committed the following violations of supervised release: 2. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about December 27, 2006, the defendant used or administered a controlled substance 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 or about December 27, 2006, the defendant provided a urine sample at CMI, Denver, CO. The urine sample tested positive for marijuana. On January 11, 2007, the defendant admitted to smoking marijuana resulting in the positive test. 3. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about October 1, 2006, the defendant used or administered a controlled substance 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 2, 2006, the defendant was contacted at his residence in Englewood, CO. At that time he was instructed to report to the U.S. Probation Office that same day for drug testing. Although he reported as directed, he also admitted to smoking marijuana on or about October 1, 2006. 5. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 14, 2007, the defendant used or administered a controlled substance 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 or about February 14, 2007, the defendant provided a urine sample at CMI, Denver, CO. The urine sample tested positive for marijuana. The Probation Office was notified about this positive sample on February 26, 2007.

Case 1:01-cr-00279-WYD

Document 59

Filed 07/20/2007

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Case 1:01-cr-00279-WYD
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POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 4, 2007, the defendant used or administered a controlled substance 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 or about March 4, 2007, the defendant provided a urine sample at CMI, Denver, CO. The urine sample tested positive for marijuana. The Probation Office received notification of the positive result on March 12, 2007.