Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00426-MSK

Document 27

Filed 06/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00426-MSK-01 UNITED STATES OF AMERICA, Plaintiff, v. TODD VERNON SUTTON, Defendant. _____________________________________________________________________________ MOTION FOR CONTINUANCE OF REVOCATION HEARING (UNOPPOSED) _____________________________________________________________________________

For the reasons set forth, the defendant, Todd Sutton, moves that his supervised release violation hearing, set for June 11, 2007, be continued approximately one month, to a time convenient to the Court. This motion is not opposed by counsel for the government, Assistant U.S. Attorney James R. Boma, nor by Senior U.S. Probation Officer Marcee J. Fox Mr. Sutton is facing revocation of supervised release. The most recent allegations are that on February 25 and May 10, 2007 he submitted urine specimens positive for cocaine use, that on March 17 and April 1, 2007 he failed to submit urine samples, and that on February 21 and March 26, 2007 he failed to participate in drug treatment. Mr. Sutton was served with a summons to appear for a violation hearing on June 11, 2007 at 3:30 p.m. He remains subject to the conditions of supervision. Mr. Sutton recently completed a period of diagnosis/treatment to determine if there has been any recurrence of the thyroid cancer with which he was diagnosed while serving the federal

Case 1:04-cr-00426-MSK

Document 27

Filed 06/04/2007

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prison sentence that preceded his term of supervised release. The medical records have not yet been received by either the probation officer or counsel for the defendant. More important, according to the U.S. Probation Officer who is supervising him, Marcee J. Fox, Mr. Sutton was just hospitalized in Aspen, Colorado, due to a possible heart attack, and may be transported to Denver for medical follow up. It is to allow for necessary medical treatment and, it is hoped, to obtain medical records, that this continuance is sought. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:04-cr-00426-MSK

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Filed 06/04/2007

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CERTIFICATE OF SERVICE

I hereby certify that on June 4, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: James M. Boma, Assistant U.S. Attorney email: [email protected] Marcee J. Fox, Senior U.S. Probation Officer email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, fax, etc.) indicated by the nonparticipant's name: Todd Sutton 1811 South Quebec Way # 190 Denver, Colorado 80231

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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