Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cr-00022-REB

Document 17

Filed 11/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No: 04-cr-00022-REB-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. AUTUMN JOY WALKER, Defendant.

GOVERNMENT'S TARDY RESPONSE TO THE DEFENDANT'S "MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE"

The United States of America by Assistant United States Attorney James R. Allison, files the following response to the Defendant's "Motion for Early Termination of Supervised Release": On or about January 4, 2004, this matter was transferred to the District of Colorado for supervision from the District of New Mexico. The Defendant's supervised release is scheduled to be terminated on April 24, 2007. The Defendant has been submitting urine samples on a monthly basis and her urine samples have not shown the presence of controlled substances for approximately one year. The undersigned Assistant United States Attorney has spoken with Marcee Fox, the Defendant's supervising Probation officer, concerning the Defendant's motion. Ms.

Case 1:04-cr-00022-REB

Document 17

Filed 11/14/2006

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Fox has indicated that pursuant to the policy of the Probation Department she cannot agree to the early termination. The reason for this is the Defendant's Risk Prediction Index is "4". Nevertheless, due to the fact that the Defendant's supervised release will terminate in approximately six months, the fact that she has apparently been drug free for the past year and the nature of the underlying offense, the United States of America would not object to an early termination of the Defendant's supervised release. The undersigned Assistant United State Attorney apologizes that this response was filed after the November 3 rd date set by the Court. Due to an oversight by the United States Attorney's Office this case had not been opened and assigned in this office, since it was originally a New Mexico prosecution. The government regrets any inconvenience that this oversight caused counsel or the Court and sincerely apologizes for missing the Court's deadline. Respectfully submitted, TROY A. EID United States Attorney

By: s/James R. Allison JAMES R. ALLISON Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government -2-

Case 1:04-cr-00022-REB

Document 17

Filed 11/14/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 14 th day of November, 2006, I electronically filed the foregoing GOVERNMENT'S TARDY RESPONSE TO THE DEFENDANT'S "MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE" with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Janine Yunker, Esq. Assistant Federal Public Defender [email protected] Marcee Fox U.S. Probation Officer [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant to James R. Allison U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]