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

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

Document 31

Filed 12/07/2006

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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 Chief Judge 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.

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' conditions of supervised release to s 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 the facility. The defendant may be released early if deemed appropriate by the probation officer. ORDER OF THE COURT Considered and ordered this 7th day of December, 2006, 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 United States Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief United States District Judge Place: Denver, Colorado Date: December 4, 2006

Case 1:04-cr-00035-LTB

Document 31

Filed 12/07/2006

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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 November 14, 2006, and December 4, 2006, 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 March 15, 2006, the Court was notified that the defendant submitted a positive urine specimen for methamphetamine on February 13, 2006, and that he admitted to smoking methamphetamine on February 10, 2006, and again on March 10, 2006, and as a result, the defendant was enrolled in a weekly substance abuse relapse prevention group. On July 3, 2006, the Probation Department was notified by the United States Probation and Pretrial Services Office, District of New Mexico Laboratory, that on June 27, 2006, the defendant submitted a positive urine specimen for amphetamines. On July 13, 2006, the defendant reported to the probation office for a scheduled meeting. During this meeting, the defendant admitted he smoked " puff"of methamphetamine with his cousin on or about June 27, 2006. As one a result of this violation, the defendant' urine specimens were increased and he was advised that any additional violations s could result in a hearing before Your Honor. On August 30, 2006, the Probation Department was notified by the Addiction Research and Treatment Services (ARTS) that the defendant failed to attend a scheduled group therapy session and submit a random urine specimen on August 30, 2006. On September 7, 2006, this violation was addressed. During this meeting, the defendant reported he missed treatment because he was in custody at the Denver County Jail. He further reported that on August 29, 2006, he was arrested and charged with Disturbing the Peace and Threat to Injure a Person or Damage Property, Denver General Sessions Court, Case Number 06GS018507 and that the alleged victim was his wife, Aida Garcia. On August 31, 2006, he was released on a $2,000 bond and was placed on the global positioning tracking system. On October 17, 2006, the case was dismissed upon motion of the City Attorney. On October 18, 2006, the Probation Department was notified by Correctional Management Inc. (CMI) that the defendant failed to submit a random urine test on October 17, 2006. On October 19, 2006, this violation was addressed. During the conversation, the defendant admitted he failed to call the agency. On October 30, 2006, the Probation Department was again notified by CMI that the defendant failed to submit another random urine test on October 28, 2006. On October 31, 2006, the defendant reported to the probation office to discuss this violation. During this meeting, the defendant was informed that he is not in compliance with his treatment regimen, and as a result, his urine specimens would be increased to eight monthly for the next thirty days. The defendant was also advised that should he accrue another violation, a modification for placement at a Residential Reentry Center would be pursued. At the conclusion of the meeting, the defendant agreed with the supervision plan. On November 8, 2006, the Probation Department was notified by the United States Probation and Pretrial Services Office, District of New Mexico Laboratory, that on November 5, 2006, the defendant submitted a positive urine specimen for amphetamines. On November 14, 2006, the defendant reported to th probation office for a scheduled meeting. During this meeting, the defendant admitted he smoked the " residue"of a crystal methamphetamine pipe. Following the above admission, the defendant was presented with a Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision and agreed to execute the form to include a special condition requiring him to reside at a Residential Reentry Center for a period of up to 120 days to commence as directed by the probation officer, and to observe the rules of that facility.

Case 1:04-cr-00035-LTB

Document 31

Filed 12/07/2006

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However, on November 16, 2006, during a meeting with the defendant, his dual diagnosis therapist, Dr. Rod Hoevet, and myself, the defendant recanted his admission to using drugs, and instead, reported that he purposely placed methamphetamine on his finger and urinated on his finger so the urine specimen would return positive for methamphetamine and he could be " sent back to prison."At the conclusion of the meeting, the defendant was advised that the modification request would still be submitted to the Court. The Probation Department believes that the defendant, through his repeated violations and noncompliant behavior has demonstrated that he is need of closer supervision with a more restrictive and structured environment which can be accomplished in a Residential Reentry Center setting. It is therefore respectfully recommended that the defendant be placed in an approved Residential Reentry Center (RRC) for a period of up to 120 days, to commence as directed by the probation officer. If the defendant demonstrates a significant improvement in his behavior, the probation department may consider early release from community corrections.