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

Case 1:01-cr-00357-LTB
PROB 12 (02/05-D/CO)

Document 144

Filed 09/20/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Martin Herrera Docket Number: 01-cr-00357-LTB-03 Addendum to Petition for Violation of Supervised Release COMES NOW, Edward C. Gadden, Probation Officer of the Court, presenting an official report upon the conduct and attitude of Martin Herrera, who was placed on supervision by the Honorable Lewis T. Babcock, sitting on the court in Denver, Colorado, on the 16th day of May, 2002, who fixed the period of supervision at five years, commencing April 26, 2005, and imposed the general terms and conditions theretofore adopted by the Court and also imposed special conditions and terms as follows: (1) If the defendant is deported, the defendant shall not reenter the United States illegally. If the defendant reenters the United States legally, the defendant is to report to the nearest U.S. Probation Office within 72 hours of entry.

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 that the original petition for violation of supervised release dated January 17, 2006, include an addendum for updated information for Violation Number 2, and the addition of Violation Number 3.

ORDER OF THE COURT Considered and ordered this 20th day of September, 2007, 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/ Edward C. Gadden U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock U.S. District Judge

Place: Denver, Colorado Date: September 17, 2007

Case 1:01-cr-00357-LTB

Document 144

Filed 09/20/2007

Page 2 of 2

ATTACHMENT The defendant was sentenced to 48 months Bureau of Prisons followed by five years supervised release. The defendant was released from prison directly to a federal immigration detainer on April 15, 2005. The defendant's supervised release commenced upon his official deportation date of April 26, 2005. Updated court information has been added to Violation Number 2, and the defendant has also committed an additional violation of Supervised Release; Violation Number 3. (2) Violation of the Law: On May 24, 2007, in Denver County, Colorado, the defendant was found guilty by jury of First Degree Assault with Extreme Indifference, a Class 3 Felony, in violation of C.R.S. 18-3-202(1)(C). This constitutes a Grade A violation of supervised release. This charge is based on the following facts: On or about October 30, 2005, the defendant, along with co-defendant Rudy Gonzales, attended a Halloween party at a residence in Denver, Colorado. An altercation occurred when they were asked to leave the party. Teddy Guerra Junior and Isaiah Roybal were both shot and killed during their altercation with the defendant and co-defendant. The defendant was arrested several months after the homicide following a police tip. The defendant refused to come out of his residence as ordered by police, and S.W.A.T. team members were forced to utilize tear gas to extract him. On May 24, 2007, the defendant appeared in the Denver County District Court for Case Number 06CR1667. A jury found him guilty of First Degree Assault with Extreme Indifference and he was acquitted of the remaining felony counts. The defendant was sentenced to 720 days in the Denver County Jail, with 452 days credit for time served. (3) Violation of the Law: On August 14, 2007, the defendant appeared in the U.S. District Court in Denver, Colorado, where he was charged with the offenses of Unlawful Reentry After Aggravated Felony, Possession of a Firearm by an Illegal Alien, and Unlawful Transport of a Firearm. According to Assistant U.S. Attorney Kasandra Carleton, the defendant intends on entering a guilty plea on September 27, 2007, to the single charge of Unlawful Reentry After Aggravated Felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). This constitutes a Grade B violation of supervised release. This charge is based on the following facts: Federal charges were filed as a result of the defendant's involvement in Denver County Case No. 06CR1667. Specifically, the defendant is pending disposition in U.S. Docket Number 06-cr-00036-LTB-02..