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

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

Document 107

Filed 04/09/2007

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: 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)

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 6th day of April, 2007. s/Thomas Meyer Thomas Meyer, 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 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. Dated this 9th day of April, 2007 s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

Case 1:00-cr-00153-WDM

Document 107
ATTACHMENT

Filed 04/09/2007

Page 2 of 2

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. The defendant submitted positive urine specimens for cocaine on September 20, 2006, and September 27, 2006. I met with the defendant on October 6, 2006, at which time he stated that he had used cocaine six times in August 2006, eight to ten times during the month of September 2006, and again on October 1, 2006. He also stated that he had falsified his monthly reports for the months of August and September 2006, by his having indicated that he had not used any illegal drugs those months. As an intervention response, the defendant was referred Correctional Management, Incorporated (CMI) for weekly group substance abuse treatment (substance abuse treatment had initially been held in abeyance based upon an evaluation completed by Addiction Research and Treatment Services on March 13, 2006). The defendant subsequently submitted positive urine specimens for cocaine on October 22, 2006, February 21, 2007, and March 14, 2007. On October 26, 2006, the defendant stated that he had used cocaine on October 20, and October 21, 2006. I advised the defendant that if he continued to use illegal drugs I would seek a modification of his conditions of supervised release to include placement into a Residential Reentry Center (RRC). Based upon the fact that the defendant has submitted two more positive urine samples for cocaine on February 21, 2007, and March 14, 2007, I am seeking a modification of his conditions of supervised release to include placement into the RRC for a period of up to 120 days for the purpose of limiting his access to illegal drugs. The defendant told me that he did not knowingly use cocaine on either of these dates and speculated that someone may have placed cocaine into his can of soda on February 21, 2007. The defendant continues to attend weekly group counseling at CMI. I have advised the defendant that if he were to use illegal drugs again, I will request that he appear before Your Honor for a revocation hearing. On April 5, 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 David Gaouette has been consulted and has no objection to the proposed modification.