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

Case 1:04-cr-00409-WDM

Document 36

Filed 08/11/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. James Shiloh Atkins Docket Number: 04-cr-00409-WDM-01 Petition on Supervised Release COMES NOW, Robert Haberman, probation officer of the court, presenting an official report upon the conduct and attitude of James Shiloh Atkins, who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 14th day of April, 2005, who fixed the period of supervision at three years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment and shall pay the cost of treatment as directed by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER a modification of the defendant's conditions of supervised release to include the following: The defendant shall reside in a community corrections center for a period of up to six months to commence when bed space is available, and shall observe the rules of that facility.

ORDER OF THE COURT Considered and ordered this 11th day of August, 2008, 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/Robert Haberman Robert Haberman United States Probation Officer Place: Colorado Springs, Colorado Date: August 7, 2008

s/ Walker D. Miller

Walker D. Miller Senior United States District Judge

ATTACHMENT

Case 1:04-cr-00409-WDM

Document 36

Filed 08/11/2008

Page 2 of 2

On June 22, 2007, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on June 19, 2007. On August 5, 2008, the defendant and his attorney executed a form entitled "Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision," which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. AUSA David Conner has been consulted and has no objection to the proposed modification. On April 8, 2008, the defendant provided a positive urine test at Crossroads Managed Care Systems in Pueblo, Colorado. On April 26, 2008, the positive urine specimen was confirmed by laboratory technicians with Kroll Laboratories for the use of methamphetamine. On May 1, 2008, I spoke with the defendant and he admitted to using methamphetamine on or about April 8, 2008. The defendant was placed back into substance abuse treatment and random urine testing. On July, 9, 2008, I was notified by the counselor from Crossroads Managed Care Systems and she informed me that the defendant had been terminated unsuccessfully from treatment due to his failure to attend treatment. The defendant failed to attend four treatment sessions from May 1, 2008, through July 8, 2008. In addition, the defendant failed to provide urine samples on four separate dates. Based on the foregoing, I believe that the defendant has demonstrated through his actions, that he requires more structure and monitoring, which can be provided through a community corrections center placement. Should the defendant continue to violate the conditions of his supervised release, I will quickly file a Petition on Supervised Release. As reflected on the Waiver of Hearing to Modify Conditions of Supervised Release, executed by the defendant and defense counsel, all parties are in agreement to the proposed modification.