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

Case 1:01-cr-00260-EWN

Document 145

Filed 06/18/2008

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. JOSEPH JONATHAN GALLEGOS Docket Number: 01-cr-00260-EWN-04

Petition for Modification of Conditions of Supervised Release COMES NOW, Kurt Pierpont, probation officer of the court, presenting an official report upon the conduct and attitude of Joseph Jonathan Gallegos who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 24th day of May, 2002, who fixed the period of supervision at five (5) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: None. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: On May 29, 2008, defendant submitted a random urine specimen which was subsequently tested at the U.S. Probation and Pretrial Services Office in Albuquerque, New Mexico, and confirmed positive for cocaine by Kroll Labatory in Gretna, Lousiana. On June 11, 2008, defendant was confronted with this positive urine specimen and acknowledged using cocaine to "help me get through the day." The probation department believes that the defendant needs additional monitoring and can benefit from substance abuse counseling. As reflected on the Waiver of Hearing to Modify Conditions of Supervised Release, executed by the defendant and defense counsel, John Sullivan, June 11, 2008, and June 13, 2008, respectively, they are both agreeable to this proposed modification. Assistant U.S. Attorney Mark Barrett has also been consulted and agrees with this proposed modification. PRAYING THAT THE COURT WILL ORDER the modification of the defendant's conditions of supervised release to include a special condition requiring defendant to 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. ORDER OF THE COURT Considered and ordered this 18th day of June, 2008, 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/Kurt Pierpont Kurt Pierpont Senior U.S. Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief U.S. District Judge Place: Denver, Colorado Date: June 17, 2008