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

Case 1:01-cr-00262-EWN
PROB 12 (02/05-D/CO)

Document 65

Filed 10/10/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. JAMES DOUGLAS ROE Docket Number: 01-cr-00262-EWN-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Marcee Fox, probation officer of the court, presenting an official report upon the conduct and attitude of JAMES DOUGLAS ROE, who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 23rd 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. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.

2.

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 modifications of the conditions of supervised release to include: 1.) The defendant shall remain medication compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained, 2.) The defendant shall abstain from the use of alcohol during the term of supervised release. 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. S/Marcee Fox Marcee Fox Senior U.S. Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief U.S. District Judge Place: Denver, Colorado Date: October 10, 2007

Case 1:01-cr-00262-EWN

Document 65

Filed 10/10/2007

Page 2 of 2

ATTACHMENT

The defendant is currently residing at the Federal Correctional Institution in Florence, Colorado. He has requested to serve his term of supervised release in the District of Arizona, where he will reside with his sister. Due to the defendant's extensive criminal history and his on-going substance abuse and mental health issues, the District of Arizona will only accept a transfer of supervision in this case if the defendant is required to abstain from the use of alcohol and ingest medications prescribed by a psychiatrist. On September 25, 2007, and October 4, 2007, respectively, 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 modifications of the conditions of supervised release. Assistant United States Attorney, Phillip Brimmer, has been consulted and has no objection to the proposed modifications.