Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00357-LTB
PROB 12 (4/96-D/CO)

Document 128

Filed 01/26/2006

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UNITED STATES DISTRICT COURT
for

THE DISTRICT OF COLORADO U.S.A. vs. Martin Herrera 03 Docket No. 01-cr-00357-LTB-

Petition on Probation and 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 the issuance of a warrant for violation of supervised release, and that the petition and warrant be sealed until the arrest of the defendant.

ORDER OF THE COURT

Considered and ordered this 25th day of January, 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/ Edward C. Gadden U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief United States District Judge Place Denver, Colorado Date January 17, 2006

Case 1:01-cr-00357-LTB

Document 128

Filed 01/26/2006

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ATTACHMENT Attached hereto is a true copy of the original conditions of supervised release, via certified judgment and conviction, in which the Court advised the defendant of the special condition restricting his reentry into the United States illegally. The defendant was sentenced to 48 months Bureau of Prisons followed by 5 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. The defendant has committed the following violations of supervised release: (1) Violation of Special Condition; On or about October 30, 2005, the defendant unlawfully reentered the United States, in violation of the special condition of supervision prohibiting illegal reentry. This constitutes a Grade C violation of supervised release. This charge is based on the following facts: A special condition of the defendant's supervised release states "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." The defendant has violated this condition, as evidenced by a warrant issued by the Denver District Court on December 5, 2005, related to a homicide that occurred in Denver, Colorado, on or about October 30, 2005. This is further supported by a telephone conversation that the probation officer had with Denver Police Homicide Detective Mark Crider on January 13, 2006. If the defendant is convicted in the aforementioned felony matter, it will effectively demonstrate that he was within the United States illegally at the time of offense. This may also result in a new federal felony charge of Unlawful Reentry of a Deported Alien being filed at a later date. (2) Violation of the Law; On or about October 30, 2005, in Denver County, Colorado, the defendant is alleged to have committed the offense of Murder in the First Degree, in violation of C.R.S. 18-3-102(1)(a). This constitutes a Grade A violation of supervised release. This charge is based on the following facts: Denver Police Homicide Detective Mark Crider requested that Denver District Court Judge Raymond Satter issue a warrant for the arrest of the defendant, who is alleged to have been involved in a homicide that occurred in Denver, Colorado, on or about October 30, 2005. The warrant was issued on December 5, 2005. The affidavit in this felony matter is presently sealed, as the warrant has not yet been served on the defendant. As a result, detailed information regarding the alleged homicide charge is unavailable at the time of this violation petition.

Case 1:01-cr-00357-LTB

Document 128

Filed 01/26/2006

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