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

Case 1:00-cr-00153-WDM
PROB 12M (10/01-D/CO)

Document 110

Filed 08/10/2007

Page 1 of 2

UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. RUSSELL EUGENE HIMES

Docket No. 00-cr-00153-WDM-02

Petition for Modification of Conditions of Supervised Release COMES NOW, Thomas Meyer, PROBATION OFFICER OF THE COURT, presenting an official report upon the conduct and attitude of Russell Eugene Himes who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 31st day of October, 2000, who fixed the period of supervision at five (5) years, commencing March 6, 2006, 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. The defendant shall reside in a Residential Re-entry Center for a period of up to 120 days to commence as directed by the probation officer, and shall observe the rules of that facility.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

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. I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 9th day of August 2007. s/Thomas Meyer Thomas Meyer, U.S. 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 the modification of the defendant's conditions of supervised release include a special condition requiring that the defendant's current term of residency in a Residential Re-entry Center, due to expire on August 14, 2007, shall be extended for a period of up to two additional months, as directed by the probation officer, and shall observe the rules of that facility. Dated this 10th day of August, 2007 s/ Walker D. Miller _______________________________________ WALKER D. MILLER, U. S. District Judge

Case 1:00-cr-00153-WDM

Document 110

Filed 08/10/2007

Page 2 of 2

ATTACHMENT On October 31, 2000, March 6, 2006, and October 6, 2006, the conditions of supervised release were read and explained to the defendant. On those dates, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release commenced on March 6, 2006. On July 14, 2007, the defendant was stopped by officers employed by the Denver, Colorado Police Department in the vicinity of East 35th Avenue and High Street at approximately 1:00 p.m. The defendant was not authorized by staff employed by the Independence House Residential Re-entry Center (RRC) to be in that location on that date and time which is in violation of Bureau of Prisons rules. Furthermore, the defendant reported to the police officer that the adult female that police saw sitting in his motor vehicle was a prostitute. The officer informed me that he did not charge the defendant with any law violations as he had not advised the defendant as to his rights. On July 25, 2007, I met with the defendant who stated that he had been given permission by staff at the RRC to go to his place of employment on East Arapahoe Road to work on a construction project at a school on July 14, 2007. He stated that he left work early that day sometime between 11:00 a.m. and 1:00 p.m. and proceeded without RRC staff permission to see a female friend who resides at East 34th Avenue and Elizabeth Street. Although she was not home, the defendant stated that he then observed another female friend, Kelly, last name unknown, walking on East 34th Avenue. He stated that he picked her up in his vehicle and they drove without RRC authorization to a park in the area of York Street and East 36th Avenue where they remained for approximately five minutes. The defendant stated that a Denver Police officer drove by his vehicle causing Kelly to become "hysterical" for reasons unknown to the defendant. In response, he drove away from where he was parked with Kelly before the police officer could return to where the defendant had been parked. The defendant drove around the corner where he let Kelly out of the vehicle and then continued driving for several blocks until the police officer caught up with him to conduct the traffic stop. I contacted Adrian Enriquez, Lead Security Officer at the RRC, on July 25, 2007, who reported that the defendant was not authorized to be anywhere other than at 23601 East Arapahoe Road on July 14, 2007, thus he was in violation of RRC rules and regulations. In response to the above violation of supervised release I am seeking to modify the defendant's conditions of supervision by extending his period of residency in the RRC by up to two additional months, for a total of six months. His original term of residency at the Independence House RRC commenced on April 17, 2007. On August 6, 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 consulted and has no objection to the proposed modification.