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

Case 1:04-cr-00035-LTB
PROB 12 (02/05-D/CO)

Document 35

Filed 02/27/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Christopher Apodaca Docket Number: 04-cr-00035-LTB-01 Petition on Supervised Release COMES NOW, Jennifer Nuanes, probation officer of the court, presenting an official report upon the conduct and attitude of Christopher Apodaca who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, on the 18th day of June 2004, who fixed the period of supervision at three 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 and alcohol 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 participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.

2.

On December 7, 2006, the court modified the defendant's conditions of supervised release to include a special condition requiring the defendant to reside in a Residential Reentry Center for a period of up to 120 days, to commence as directed by the probation officer, and follow the rules of that facility. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the modification of the defendant's conditions of supervised release to include a special condition requiring the defendant to reside in an approved Residential Reentry Center (RRC) until October 5, 2008, to commence at the discretion and direction of the Probation Office. If placement is deemed necessary by the Probation Office, then the defendant shall observe the rules of the RRC. The defendant may be released early if deemed appropriate by the probation officer. ORDER OF THE COURT Considered and ordered this 27th day of February 2008, 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. s/Jennifer Nuanes Jennifer Nuanes Senior Probation Officer s/Lewis T. Babcock Lewis T. Babcock United States District Judge Place: Denver, Colorado Date: February 20, 2008

Case 1:04-cr-00035-LTB

Document 35

Filed 02/27/2008

Page 2 of 2

ATTACHMENT On October 11, 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 and explained to him, that he fully understood the conditions, and that he was provided with a copy of same. The defendant's term of supervised release commenced on October 6, 2005. On February 8, 2008, and February 20, 2008, 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 modification of the conditions of supervised release. Assistant United States Attorney James R. Allison has been consulted and has no objection to the proposed modification. The petition is based on the following facts: On December 7, 2006, the court modified the defendant's conditions of supervised release to include a special condition requiring the defendant to reside in a Residential Reentry Center for a period of up to 120 days, to commence as directed by the probation officer, and follow the rules of that facility. This modification was implemented to address several violations of supervised release. On March 23, 2007, the defendant was released from the Residential Reentry Center. The defendant was in compliance with conditions of supervised release until October 16, 2007, when he submitted a positive urine specimen for cocaine. On October 30, 2007, I met with the defendant to address this violation. During this meeting, the defendant reported that his brother, Kurt Christian, "spiked" his coffee with cocaine. The defendant also advised that his brother was present with him and asked that I meet with his brother to verify this story. Following my meeting with the defendant, I met with Mr. Christian and he explained to me that he was angry with the defendant because the defendant "kicked his girlfriend" out of the residence because she was using cocaine. Mr. Christian stated he wanted to "get back" at the defendant, therefore, put cocaine inside the defendant's coffee cup. On January 18, 2008, the Probation Office was notified by the United States District Court, District of New Mexico Laboratory that on January 13, 2008, the defendant submitted another positive urine specimen for cocaine. On January 22, 2008, I met with the defendant to address this violation. During this meeting, the defendant admitted that on or about January 13, 2008, he "snorted one line of cocaine" with his brother, Kurt Christian, in their residence. Following his admission, the defendant also advised that he and his girlfriend, Lori Colangelo, plan to move out of the residence as he is fully aware he cannot associate with anyone who is using illegal controlled substances. Following this meeting, the defendant's random urine testing frequency was increased, the relapse was addressed in treatment, and the court was notified. The defendant was also advised that any additional violations of supervised release could result in a hearing. On January 28, 2008, the defendant submitted a third positive urine specimen for cocaine. On February 7, 2008, this violation was addressed with the defendant. During this conversation, the defendant admitted that he "snorted" cocaine he found in his brother's bedroom when he was cleaning out the room. Following the conversation, the defendant was instructed to report to the Probation Office to discuss this violation further. On February 8, 2008, the defendant reported to the Probation Office as instructed. During this meeting, the defendant was advised that, as a result of his repeated violations and noncompliant behavior, he has demonstrated that he is in need of intensive supervision in a more restrictive and structured environment which can be accomplished in a Residential Reentry Center. The defendant was also advised that I would recommend to the court that this condition be placed in abeyance, and should he violate any other condition of supervised release, he would be placed in the facility as soon as a bed space becomes available and would remain at the facility until his term of supervised release expires on October 5, 2008.