Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00279-WYD

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Filed 03/01/2007

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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-01

Petition for Issuance of Arrest Warrant because of Violations of 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 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 1st day of March, 2007, 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/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: 2/27/07

Case 1:01-cr-00279-WYD

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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. The defendant has committed the following violations of supervised release: 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 5, 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 February 5, 2007, the defendant provided a urine sample at Correctional Management Inc. (CMI), Denver, Colorado. The urine sample tested positive for cocaine. On February 15, 2007, the defendant was confronted regarding the positive test. The defendant did not admit to illegal drug use. He is contesting the positive result. 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, Colorado. 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, Colorado. 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.

Case 1:01-cr-00279-WYD 4.

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FAILURE TO ANSWER TRUTHFULLY ALL INQUIRIES BY THE PROBATION OFFICER:

On or about February 12, 2007, when questioned by the probation officer, the defendant denied recently using any controlled substances. However, on February 5, 2007, the defendant submitted a urine sample which tested positive for cocaine. This false statement constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 12, 2007, the defendant was contacted by the probation officer at CMI, Denver, Colorado. He had just completed an individual counseling session with his therapist Dr. Rod Hoevet. The defendant was questioned as to if he had been " staying clean." In response, the defendant stated he had not used any illegal substances. However, on February 13, 2007, the probation office received the results of a urine sample the defendant provided at CMI on February 5, 2007. This sample tested positive for cocaine. On February 15, 2007, the defendant was confronted about the positive drug test. The defendant did not admit to illegal drug use. He is contesting the positive result.