Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00100-EWN
PROB 12 (11/01-D/CO)

Document 70

Filed 08/15/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. BURNEST JOHNSON Docket Number: 01-cr-00100-EWN-01

Petition for Issuance of Arrest Warrant Due to Violation of Supervised Release

COMES NOW, Gary Phillips, probation officer of the court, presenting an official report upon the conduct and attitude of Burnest Johnson who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 25th day of October, 2001, 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 not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless he is in compliance with the periodic payment obligations imposed pursuant to the court's judgment and sentence. 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.

2.

On August 9, 2004, the defendant's conditions were modified to include: 3. The defendant shall reside in a community corrections center for a period of four (4) months or until such time as the defendant is released from the facility by the probation officer, to commence upon bed space availability. The defendant shall observe the rules of that facility.

On February 25, 2005, the defendant's conditions were modified to include: 4. 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 shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment.

On May 5, 2006, the defendant's term of supervised release was revoked and he was sentenced to eight (8) months imprisonment to be followed by a 28-month term of supervised release. On February 26, 2007, the defendant's conditions were modified to include: 5. The defendant shall reside in a residential reentry center for a period of four (4) months or until such time as the defendant is released from the facility by the probation officer, to commence upon bed space availability. The defendant shall observe the rules of that facility.

Case 1:01-cr-00100-EWN
PROB 12 (11/01-D/CO)

Document 70

Filed 08/15/2007

Page 2 of 4

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 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 15th day of August, 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 W. Phillips Gary W. Phillips Senior Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief United States District Judge Place: Denver, Colorado Date: August 13, 2007

Case 1:01-cr-00100-EWN

Document 70

Filed 08/15/2007

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ATTACHMENT On November 27, 2006, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and he was provided a copy of them. The term of supervised release commenced on November 24, 2006. The defendant has committed the following violations of supervised release: 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 3, 2007, the defendant used or administered a controlled substance, cocaine, 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 February 3, 2007, the defendant provided a urine specimen at Correctional Management Incorporated (CMI) which tested positive for cocaine. On February 15, 2007, I confronted the defendant about the positive drug test and he admitted to "snorting" cocaine on one occasion. 2. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 2, 2007, the defendant used or administered a controlled substance, cocaine, 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 July 2, 2007, the defendant provided a urine specimen at CMI which tested positive for cocaine. On July 17, 2007, I confronted the defendant about the positive drug test and he admitted to "snorting" cocaine on two occasions. 3. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 18, 2007, the defendant used or administered a controlled substance, cocaine, 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 July 18, 2007, the defendant provided a urine specimen at CMI which tested positive for cocaine. On July 19, 2007, the defendant left a voice message stating that the test he took on July 18, 2007, might test positive for cocaine. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 31, 2007, the defendant used or administered a controlled substance, cocaine, 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 July 31, 2007, the defendant provided a urine specimen at CMI which tested positive for cocaine.

Case 1:01-cr-00100-EWN

Document 70

Filed 08/15/2007

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5.

FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to provide urine samples at CMI, the testing and treatment program in which the probation officer had directed him to participate, on December 23, December 31, 2006, January 6, January 14, January 27, February 17, May 16, June 4, June 25, and July 24, 2007, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On December 23, 2006, January 2, January 6, January 15, January 27, February 17, May 18, June 4, June 25, and July 24, 2007, I received incident reports from CMI stating that the defendant failed to provide urine specimens on December 23, December 31, 2006, January 6, January 14, January 27, February 17, May 16, June 4, June 25, and July 24, 2007, respectively. The defendant admitted to failing to submit urinalysis and provided a wide variety of excuses for his non-compliance. 6. FAILURE TO PARTICIPATE IN DRUG/MENTAL HEALTH TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep counseling appointments at CMI, the testing and treatment program in which the probation officer had directed him to participate, on January 23, June 23, and August 7, 2007, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 23, June 23, and August 7, 2007, I received incident reports from CMI stating that the defendant failed to attend scheduled counseling sessions on those dates. The defendant provided various excuses for missing his scheduled counseling sessions. 7. FAILURE TO PAY RESTITUTION AS DIRECTED:

The defendant has failed to make payments toward his restitution for the months of January, February, March, May, and July, 2007, as directed by the probation officer, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 29, 2007, the defendant executed a payment plan agreeing to pay $50 per month toward his restitution obligation of $14,435. The defendant has failed to make restitution payments for the months of January, February, March, May, and July, 2007, and has a balance of $14,285.