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

Case 1:00-cr-00256-EWN
PROB 12 (4/96-D/CO)

Document 118

Filed 10/09/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

U.S.A. vs. ROBERT JOHN ROYBAL

Docket No. 00-cr-00256-EWN

Addendum to Petition For Violation of Supervised Release COMES NOW, Edward C. Gadden, Probation Officer of the Court, presenting an official report upon the conduct and attitude of Robert John Roybal, who was placed on supervision by the Honorable Edward W. Nottingham, sitting on the Court in Denver, Colorado, on the 22nd day of December 2000, who fixed the period of supervision at three years, commencing August 26, 2005, and imposed the general terms and conditions theretofore adopted by the Court and also imposed special conditions and terms as follows: 1. $100 special assessment fee imposed. 2. Testing and treatment for drug abuse as directed. At a Violation Hearing held before Judge Nottingham on June 9, 2006, the defendant admitted to all seven listed violations, and his supervision was continued to include up to 180 days in an approved Community Corrections Center.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: (See attached hereto and herein incorporated by reference).

PRAYING THAT THE COURT WILL ORDER that the original petition for violation of supervised release dated September 18, 2007, include the addition of Violations 7 and 8.

ORDER OF THE COURT Considered and ordered this 9th day of October, 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/ Edward C. Gadden
U.S. Probation Officer s/ Edward W. Nottingham ___________________________________________ Edward W. Nottingham Chief U.S. District Judge Place Date Denver, Colorado October 2, 2007

Case 1:00-cr-00256-EWN

Document 118

Filed 10/09/2007

Page 2 of 2

ATTACHMENT The defendant's signature on August 29, 2005, acknowledged that the conditions of supervision had been read and explained to the defendant, that the defendant fully understood the conditions, and that the defendant was provided with a copy of the conditions. Supervision commenced August 26, 2005. At a Violation Hearing before Judge Nottingham on June 9, 2006, the defendant admitted to all seven listed violations, and his supervision was continued to include up to 180 days in an approved Community Corrections Center. The defendant has committed the following additional violations of supervision: (7) FAILURE TO PARTICIPATE IN TREATMENT AS DIRECTED: The defendant failed to report to Correctional Management Inc. (CMI), on September 20 and 26, 2007. These constitute Grade C violations of supervised release. This charge is based on the following facts: On the aforementioned dates, the defendant failed to submit scheduled urine samples for testing purposes at CMI. These were not excused absences. (8) POSSESSION AND/OR USE OF A CONTROLLED SUBSTANCE: On or about September 30, 2007, the defendant used or administered controlled substances, specifically marijuana and cocaine, neither of which had been prescribed to him by a physician. This constitutes a Grade C violation of supervision. This charge is based on the following facts: On October 2, 2007, the defendant admitted to his probation officer that he had ingested both marijuana and cocaine during the weekend ending September 30, 2007.