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

Case 1:04-cr-00082-EWN

Document 58

Filed 01/18/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. GREGORY HOUSTON Docket Number: 04-cr-00082-EWN Petition on Supervised Release COMES NOW, Gary R. Kruck, probation officer of the court, presenting an official report upon the conduct and attitude of GREGORY HOUSTON who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 14th day of January, 2005, who fixed the period of supervision at three (3) years, 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. He shall pay all costs associated with this program. $100.00 special assessment fee.

2.

On September 20, 2005, the defendant' conditions of supervised release were modified to include a condition s requiring the defendant to reside in a community corrections center for a period of up to four (4) months, or until such time as the defendant is released from the facility by the probation officer. The defendant shall observe the rules of that facility. On November 20, 2006, a warrant was issued for alleged violations of supervised release. On November 30, 2006, the defendant was released on bond pending the violation hearing. The defendant was ordered to reside in a residential re-entry center as a condition of bond. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated be reference. PRAYING THAT THE COURT WILL ORDER that the pending supervised release violation hearing be vacated and that the defendant' conditions of supervised release be modified to include the following special conditions: 1) The defendant s shall reside in a residential re-entry center for a period of up to four (4) months, or until released from the facility by the probation officer. The defendant shall observe the rules of that facility. 2) The defendant shall ingest monitored antabuse if not medically contraindicated. 3) The defendant shall refrain from the use of alcohol. ORDER OF THE COURT Considered and ordered this 18th day of January, 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 to the best of my knowledge. s/ Gary R. Kruck Gary R. Kruck Senior U.S. Probation Officer s/ Edward W. Nottingham Edward W. Nottingham U.S. District Judge Place: Denver, Colorado January 16, 2007

Case 1:04-cr-00082-EWN
PROB 12 (02/05-D/CO)

Document 58

Filed 01/18/2007

Page 2 of 2

ATTACHMENT

On January 21, 2005, the conditions of supervised release were read and explained to the defendant. On that date 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 January 14, 2005. On January 9, and January 16, 2007, respectively 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 modifications of his conditions of supervised release. AUSA Joshua Stein has been consulted and has no objection to the proposed modifications. This petition is based on the following facts: On November 9, 2006, I met with the defendant regarding his numerous violations of supervised release. I was concerned about the defendant' alcohol consumption and advised the defendant that I was going to ask the s court to modify his conditions of supervised release to include special conditions requiring him to ingest monitored antabuse if not medically contraindicated and to refrain the use of alcohol. The defendant was receptive to these modifications and signed a waiver of hearing. Between November 9, 2006, and November 17, 2006, the defendant continued to violate his conditions of supervised release. The defendant failed to attend treatment and provided two breath tests which tested positive for alcohol. It appeared clear that the defendant was a danger to himself and to the community so the Probation Office asked that a warrant be issued for violations of supervised release. The warrant was issued on November 20, 2006. On November 21, 2006, the warrant was executed. The defendant was unable to appear for his scheduled initial hearing due to his physical reaction from alcohol withdrawal. The defendant attended his initial hearing on November 27, 2006. On November 30, 2006, the defendant appeared in court for a detention and preliminary hearing. The defendant was ordered to be released on bond when bed space became available at the residential re-entry center. The defendant was released to Independence House (residential re-entry center) on December 15, 2006. Since the defendant' placement into Independence House, the defendant has stabilized and appears to be s complying with conditions of bond and complying with the rules of the facility. The defendant has provided negative urine tests, negative breath tests, and has obtained employment as a maintenance man at the Holiday Inn. The Probation Department believes that the defendant can benefit from the additional conditions of supervised release. The residential re-entry center will give the defendant structure as he attempts to deal with his substance abuse issues. The defendant will also complete an antabuse physical to determine if he is able to ingest monitored antabuse. The defendant will continue to attend substance abuse treatment at Correctional Management Incorporated. If the defendant fails to take advantage of this opportunity, and once again violates his conditions of supervised release, the Probation Department will request the issuance of a warrant and pursue revocation of supervised release.