Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00031-WDM
PROB 12M (10/01-D/CO)

Document 26

Filed 02/02/2006

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. JOHN LEWIS WESTON

Docket No. 01-cr-00031-WDM

Petition for Issuance of Arrest Warrant because of Violation of Supervised Release COMES NOW, Marcee Fox, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of JOHN LEWIS WESTON who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 20th day of January, 2006, who fixed the period of supervision at three years, which commenced November 21, 2005, 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 and shall pay the cost of treatment as directed by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: Petitioner states there is probable cause to believe that the Defendant has violated a condition of his supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court issue a warrant for the arrest of the Defendant who violated conditions of his supervised release and that this petition and the warrant be sealed until after Defendant' arrest. s I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this __2nd_____ day of _February_________, 2006__. s/Marcee J. Fox Marcee J. Fox, Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of his supervised release. I order that a warrant for Defendant' arrest be issued and that this Petition and Order, as well as the s warrant, be sealed until Defendant' arrest. s Dated this 3rd day February, 2006. s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

Case 1:01-cr-00031-WDM

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ATTACHMENT

Filed 02/02/2006

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Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Supervised Release signed by the defendant on November 18, 2005, acknowledging that the conditions have been read and explained to him, that he fully understood said conditions, and that he was provided a copy of them. The term of supervised release commenced on November 21, 2005.

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

On or about December 19, 2005, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician. This constitutes a Grade C violation of supervised release. This charge is based on the following facts: On December 19, 2005, the defendant provided a urine specimen at Addiction Research and Treatment Services (ARTS), which tested positive for cocaine. On January 20, 2006, the defendant reported to the probation office and admitted that he had been using cocaine.

2.)

FAILURE TO REPORT FOR DRUG TREATMENT AND TESTING AS DIRECTED BY THE PROBATION OFFICER:

On December 9, 2005, January 9, 2006, and January 19, 2006, January 25, 2006, and January 30, 2006, the defendant failed to provide urine specimens at ARTS. Additionally, on January 25, 2006, and February 1, 2006, he failed to report for drug treatment. This constitutes a Grade C violation of supervised release. This charge is based on the following facts: On November 18, 2005, the defendant signed a drug treatment program plan agreeing to begin submitting random urine specimens at ARTS. On December 9, 2005, January 9, 2006, and January 19, 2006, the defendant failed to provide a urine specimen at ARTS. On December 13, 2005, I spoke to the defendant about his missed urine specimen on December 9, 2005. The defendant reported that he forgot to call ARTS to see if he had to submit a urine specimen. On December 14, and December 19, 2005, the defendant submitted random urine specimens that had low creatinine levels, indicating that the defendant may have diluted his urine. On January 20, 2006, I met with the defendant at the probation office. He admitted that he had been using cocaine. On the same date, the defendant signed a new drug treatment program plan agreeing to continue to submit random urine specimens and begin attending relapse prevention groups on a weekly basis. On January 21, 2006, the defendant confirmed that he would attend groups on Wednesday nights at 6:30 p.m. The defendant failed to attend on January 25, 2006, and February 1, 2006.

Case 1:01-cr-00031-WDM
3.)

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Filed 02/02/2006

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FAILURE TO REPORT TO THE PROBATION OFFICER AS INSTRUCTED:

On January 5, 2006, and January 18, 2006, the defendant was instructed to report to the probation office. The defendant failed to report, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 4, 2006, I left the defendant a voice message on his cell phone directing him to report to the probation office on either January 5, or January 6, 2006. The defendant failed to report. On January 9, 2006, the defendant left me a voice message acknowledging that he received my message, but he was sick. He also stated that he needed to speak to me. I attempted to contact the defendant by phone on January 10, January 11, and January 18, 2006, but received a cell phone message stating that the subscriber I was trying to reach was unavailable. On January 11, 2006, I sent the defendant a letter directing him to report to the probation office on January 18, 2006. The defendant failed to report. He reported to the probation office on January 20, 2006. At that time, the defendant was instructed to begin attending relapse prevention groups and continue submitting random urine specimens. He subsequently failed to attend groups and failed to report for his next two random urine specimens.