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

Case 1:01-cr-00030-LTB

Document 30

Filed 11/08/2007

Page 1 of 2

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.

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 a modification of the defendant's conditions of supervised release to include the following: The defendant shall reside in a residential reentry 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. ORDER OF THE COURT Considered and ordered this 8th day of November, 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/ 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: November 5, 2007

Case 1:01-cr-00030-LTB

Document 30

Filed 11/08/2007

Page 2 of 2

ATTACHMENT On August 9, 2005, the probation office notified your Honor that the defendant tested positive for the use of marijuana on July 25, 2005. As a response, the defendant was continued in substance abuse treatment and no Court intervention was requested. On August 9, 2006, the probation office notified your Honor that the defendant had entered a plea of guilty on July 17, 2006, to Misdemeanor Menacing in El Paso County Combined Court Case No. 2005-CR-5766. On that same date, the defendant was sentenced to four years unsupervised probation, six months jail (suspended), and 52 weeks of domestic violence counseling. The probation office recommended no Court intervention, but rather the defendant be required to comply with the conditions imposed by the state court. On March 19, 2007, the probation office notified your Honor that the defendant tested positive for the use of marijuana on February 12, 2007. As a response, the defendant was continued in substance abuse treatment and no Court intervention was requested. On August 6, 2007, I notified your Honor that the defendant was issued a citation by the Colorado Springs Police Department for Failure to Disperse and Urinating in Public. These charges have been filed in Colorado Springs Municipal Court and are pending disposition. The defendant recently tested positive for the use of marijuana on September 21, 2007, and October 15, 2007. 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. Based on the foregoing, I believe that the defendant has demonstrated through his actions that he requires more structure and monitoring, which can be provided through residential reentry center placement. On October 30, 2007, 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 modification of the conditions of supervised release. Assistant U.S. Attorney James Allison has been contacted and has not made any objections known to the proposed modifications.