Free Response in Opposition - District Court of Colorado - Colorado

Case 1:01-cr-00364-WDM

Document 54

Filed 07/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00364-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. AMOS ANTHONY ATENCIO, Defendant.

RESPONSE TO MOTION TO AMEND CONDITIONS OF BOND

The United States through United States Attorney, Troy A. Eid, and Assistant United States Attorney, Roxane J. Perruso, submits this response opposing the defendant's Motion to Amend Conditions of Bond, on the following grounds: 1. At the preliminary and detention hearing held on June 20, 2007, regarding

the defendant's alleged supervised release violations, the government agreed to the defendant's release on a $5,000 unsecured bond with the condition that he reside at a halfway house or community corrections center. The government's agreement was based on the understanding that the defendant would be entering an inpatient substance abuse program shortly following his release.

Case 1:01-cr-00364-WDM

Document 54

Filed 07/19/2007

Page 2 of 4

2.

The defendant has now informed the Court that for financial reasons he

cannot comply with his previous representation that he would enter an inpatient substance abuse program shortly after his release and requests that this Court amend the conditions of his bond to allow for home confinement. 3. The government opposes his request. Four of the five alleged supervised

release violations involve positive urinalyses for illicit substances and his supervision was previously revoked for the use of illicit drugs. Allowing the defendant to leave the structured environment at COMCOR community corrections center in Colorado Springs for the less restrictive home confinement, prior to him completing an inpatient substance abuse program, would be setting the defendant up for failure. 4. The structured and restricted environment at COMCOR community

corrections center will allow for daily contact with the defendant, the opportunity to require him to submit to testing if the use of illicit drugs is suspected, and less potential access to illicit drugs. In contrast, his alleged supervised release violations occurred at his home. 5. he requests. Therefore, the government respectfully requests that this Court deny the defendant's motion to amend his conditions of bond. The financial reasons cited by the defendant do not justify the amendment

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Case 1:01-cr-00364-WDM

Document 54

Filed 07/19/2007

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Dated this 19th day of July, 2007. TROY A. EID United States Attorney s/Roxane J. Perruso Roxane J. Perruso Assistant U.S. Attorney 1225 17 th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0127 FAX: 303-454-0403 E-mail: [email protected] Attorney for the Government

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Case 1:01-cr-00364-WDM

Document 54

Filed 07/19/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 19 th day of July, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Elizabeth L. Harris [email protected],[email protected] Roxane J. Perruso [email protected],[email protected],[email protected],U [email protected],[email protected] Gregory Hayze Rhodes [email protected],[email protected],[email protected] ov Janine Yunker [email protected],[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 of email, indicated by the non-participant's name: Kathleen Keenan U.S. Probation [email protected] (E-mail)

s/ Roxane J. Perruso

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