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

Case 1:01-cr-00030-LTB

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Filed 05/06/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. MACKIE LEE JOHNSON Docket Number: 01-cr-00030-LTB-01

Petition on Supervised Release COMES NOW, Travis L. Cormaney, probation officer of the court, presenting an official report upon the conduct and attitude of Mackie Lee Johnson who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 29th day of June, 2001, who fixed the period of supervision at five 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.

On November 8, 2007, the defendant's conditions of supervised release were modified to include the following: 2. The defendant shall reside in a residential re-entry center for a period of up to six months to commence on a date as directed by the probation officer and in accordance with bed space availability. The defendant shall observe the rules of that facility.

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 summons for a supervised release violation hearing. ORDER OF THE COURT day of Considered and ordered this 6th May, 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/ Travis L. Cormaney Travis L. Cormaney Senior U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock United States District Judge Place: Colorado Springs, Colorado Date: April 30, 2008

Case 1:01-cr-00030-LTB

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ATTACHMENT On May 16, 2005, 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 that he was provided with a copy of them. The term of supervised release commenced on May 10, 2005. The defendant has committed the following violations of supervised release: 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 25, 2005, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on July 25, 2005, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On August 4, 2005, Supervising Probation Officer John Griffin met with the defendant to discuss his positive urinalysis test. On that date, the defendant admitted to ingesting marijuana on or about July 25, 2005, and specifically reported using the drug with some friends on or about the date in question. No Court intervention was requested for this violation, rather the defendant was continued in substance abuse treatment. 2. VIOLATION OF THE LAW:

On July 17, 2006, the defendant pled guilty to Misdemeanor Menacing, in violation of C.R.S. 18-3-206(1). This is a Class 3 Misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts. According to the police report, on the evening of July 29, 2005, the defendant approached his exgirlfriend at a local club and they started to argue. The defendant allegedly hit her head with an open hand while inside the club. The defendant was then removed from the club by club employees. When the victim left the club later that evening, at approximately 0145 hours, the victim reported that the defendant was waiting for her in the parking lot. The defendant allegedly body slammed the victim onto the car and to the ground causing her to hit her head on the cement and to somewhat lose consciousness. The victim then regained composure and got up from the ground and told the defendant, "You will never see your daughter again." The defendant is the father of the victim's child. The defendant then allegedly pulled a large knife

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from his person. The victim reported that she was able to kick the knife out of the defendant's hand and enter her car and leave. The police responded to the scene, but the defendant had taken off on foot. The defendant was subsequently arrested and charged with Count 1 - Felony Menacing, Count 2 - Third Degree Assault, and Count 3 - Domestic Violence-Habitual Offender. These charges were filed in El Paso County Combined Court under Case No. 2005-CR-5766. On July 17, 2006, the defendant pled guilty to an amended count of Misdemeanor Menacing in violation of C.R.S. 18-3-206(1), and was sentenced to four years unsupervised probation, six months jail (suspended), and 52 weeks of domestic violence counseling. No Court intervention was requested for this violation. 3. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 12, 2007, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on February 12, 2007, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On February 22, 2007, Probation Officer Sarah Walker met with the defendant to discuss his positive urinalysis test. On that date, the defendant admitted to ingesting marijuana on or about February 12, 2007, and specifically reported being depressed due to the death of his grandfather. No Court intervention was requested, rather the defendant's substance abuse treatment was increased. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about September 21, 2007, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on September 21, 2007, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On October 16, 2007, I met with the defendant to discuss his illegal drug use. On that date, the

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defendant admitted to the ongoing use of marijuana since July 2007. As a response to this violation and the defendant's previous noncompliance, I submitted a petition to the Court requesting a modification of supervision to include up to six months in a residential re-entry center. On November 8, 2007, Your Honor ordered the proposed modification. 5. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about October 15, 2007, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on October 15, 2007, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On October 16, 2007, I met with the defendant to discuss his illegal drug use. On that date, the defendant admitted to the ongoing use of marijuana since July 2007. As a response to this violation and the defendant's previous noncompliance, I submitted a petition to the Court requesting a modification of supervision to include up to six months in a residential re-entry center. On November 8, 2007, Your Honor ordered the proposed modification. 6. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about January 7, 2008, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on January 7, 2008, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On January 31, 2008, I met with the defendant to discuss his illegal drug use. On that date, the defendant admitted to ingesting marijuana prior to entering the residential re-entry center. No Court intervention was requested, rather the defendant was allowed to stay in the residential re-entry center and afforded one final chance to get in compliance with his supervision. 7. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

Case 1:01-cr-00030-LTB

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Filed 05/06/2008

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On or about April 19, 2008, the defendant used or administered a controlled substance, marijuana, 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: The defendant submitted a urine specimen on April 19, 2008, that tested positive for the use of marijuana. The positive urine specimen was forwarded to the federal contracted laboratory and was confirmed as positive. On April 19, 2008, the defendant was granted a pass to temporarily leave the residential re-entry center. Upon returning that same date, around 2:08 p.m., the defendant submitted a breath test that returned positive for alcohol and a urinalysis test that returned positive for marijuana.