Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cr-00426-MSK

Document 10

Filed 06/27/2006

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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 VOLUNTARY SURRENDER OR CONTINUANCE OF SENTENCING _____________________________________________________________________________ The defendant, Todd Sutton, is facing revocation of supervised release. The allegations are that he violated the conditions requiring that he not commit anew law violation (he has been convicted of drunk driving) and that he tested positive for the use of drugs (he admitted his drug use to the probation officer.) A hearing is scheduled for June 29, 2006 at 4:30 p.m. Mr. Sutton does not contest these allegations, all of which are Grade C. Nor does he contest the recommendation that he serve a jail sentence followed by no additional supervision. (See Violation Report, June 22, 2006. Page R-1.) He does, however, through counsel ask that the Court consider one of the following forms of relief: 1. That he be allowed to voluntarily surrender approximately one month after he is sentenced. 2. In the alternative, that sentencing be continued for the same time.

Case 1:04-cr-00426-MSK

Document 10

Filed 06/27/2006

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Mr. Sutton makes these requests because of information he has received recently regarding his medical condition. By way of background, Mr. Sutton was diagnosed with cancer of the thyroid while serving the prison term that preceded his supervised release. (Violation Report. Page 6.)1 He also suffered a back injury in November of last year that has required treatment. (Id.) Mr. Sutton reports that a recent medical check revealed a possible recurrence of the thyroid cancer. An ultrasound follow-up is scheduled for June 28, 2006. (Id.) He is also reportedly scheduled for spinal injections related to his back injury on June 29th. The probation officer recommends Mr. Sutton be immediately jailed because his conduct while under supervision reflects he is a danger. First, his license is suspended or revoked, so he cannot drive. To the extent his driving while impaired is a safety issue, this has been addressed by the State. Second, the allegation of striking a male in the face and tearing his shirt referred to in the Violation report remain, at this juncture, just that: allegations. They are unproved.2 Mr. Sutton is not a flight risk. He has shown up to his court appearances in this case (and, it appears, the two local cases) as directed. He remains in contact with his probation officer, and will continue to be supervised until the time comes for him to surrender.

According to Mr. Sutton his treatment, or lack thereof, by the Bureau of Prisons resulted in a settlement.
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This case is set for trial in the Denver General Sessions court August 7, 2006. 2

Case 1:04-cr-00426-MSK

Document 10

Filed 06/27/2006

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Considering these circumstances, it is the defendant's position that allowing him the chance to get appropriate medical follow up and diagnosis before he returns to prison, even for a relatively short time, is reasonable and appropriate.

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

Document 10

Filed 06/27/2006

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CERTIFICATE OF SERVICE

I hereby certify that on June 27, 2006, 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:

Joshua Stein, Assistant U.S. Attorney email: [email protected] U.S. Attorney's Office [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: Denise Dohanic Senior U.S. Probation Officer 400 Rood Avenue, Room 309 Grand Junction, CO 81501 Todd Sutton 880 Homestead Drive, # 8 Edwards, CO 81632 Via Fax to (970) 245-0131

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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