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

Case 1:04-cr-00022-REB

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Filed 10/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CASE NUMBER: 04-CR-00022-REB UNITED STATES OF AMERICA, Plaintiff, -vs1. AUTUMN JOY WALKER, Defendant.

MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE

The defendant, Autumn Joy Walker, by and through undersigned counsel, petitions this Court for an early termination of her supervised release, pursuant to 18 U.S.C. § 3583(e)(1). As grounds, defendant states: 1. Ms. Walker has been on supervised release since April 25, 2003; the term

to which she was sentenced was 5 months imprisonment, followed by 4 year supervised release with special conditions that include 5 months electronic monitoring and completion of a mental health program.1 2. Ms. Walker has now completed 3 ½ years of her supervised release term.

She successfully completed her electronic monitoring, completed a mental health program as well as drug testing/treatment (which was completed in December 2004).

Ms. Walker was sentenced on August 6, 2002, in the District of New Mexico, for possession with intent to distribute more than 100 kilograms of marijuana. Her case resulted from a border stop of a van she was driving; two other adult passengers were in the van. This case is her only criminal conviction.

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Case 1:04-cr-00022-REB

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She also completed a behavior modification program with The Conflict Group in early 2005 in response to a proposed modification of her supervised release. 3. Ms. Walker has maintained steady employment with CMS, a maintenance She has maintained a stable residence since

cleaning business, since August 2004.

August 2003. She had a speeding ticket in June or July of 2004; that is her only law violation. 4. Undersigned counsel has spoken with Ms. Walker's supervising probation

officer, Marcee Fox. When the probation department is asked to evaluate early termination of a defendant, they use guidelines provided by their main office in Washington, D.C. Certain criteria are evaluated; if an individual scores a 0-1, then the local probation officer is allowed to recommend early termination. A higher score results in the local officer not being allowed to recommend the early termination; apparently, Ms. Walker scored a "4". 5. The criteria are: - prior arrests - employed at the start of supervision - lived with spouse/children at the start of supervision - did the offense involve a weapon - date of birth - prior history of drug/alcohol abuse - stable residence and employment of at least one year - in compliance with supervised release for at least one year - no aggravated role in the offense - no history of violence - no recent arrest/conviction - no recent evidence of drug use (1 year) - college degree - history of absconding

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Several of these criteria border on the ridiculous when one examines Ms. Walker's life: she is "punished" for not having a spouse/children to live with at the start of her supervision; she is "punished" because she doesn't have a college degree; she is "punished" because she wasn't employed at the start of supervision; however, one week after the defendant was released from prison, she obtained a job as an administrative assistant at O'Meara Ford, where she was employed for one year. Criteria which Ms. Walker meets are: she has no history of absconding from supervision, no recent evidence of drug use within the past year [Ms. Walker had dirty urinalyses in October 2003 and March or April 2004 with nothing since], no recent arrests/convictions, no history of violence, no aggravated role in her underlying conviction, stable residence [since August 2003] and employment [since September 2004], and her underlying offense did not involve a weapon. 4. Apparently, not having a spouse/children, not having a college degree,

and not having a job when first released on supervised release trump all of the positive criteria which Ms. Walker does meet. Since this Court last saw Ms. Walker in October 2005, she has shown this Court that she is an exemplary person on supervised release. She has maintained employment with CMS, maintained a stable residence at her same apartment, has not had any positive urinalyses, has had no police contact, and has been in full compliance with her conditions of supervised release, including completing her behavior modification/anger management, drug, alcohol, and mental health counseling.

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WHEREFORE defendant prays this Court will grant this motion and order an early termination of her supervised release. Respectfully submitted, RAYMOND P. MOORE FEDERAL PUBLIC DEFENDER

s/ Janine Yunker JANINE YUNKER Office of the Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 E-mail: [email protected] Attorney for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on October 18, 2006, I electronically filed the foregoing 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: James R. Allison [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, etc.) indicated by the nonparticipant's name: Marcee Fox U.S. Probation

s/Janine Yunker JANINE YUNKER Attorney for Defendant Office of the Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected]

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