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

Case 1:03-cr-00210-MSK
PROB 12 (02/05-D/CO)

Document 116

Filed 06/18/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. ROBERT B. SULLIVAN Docket Number: 03-cr-00210-MSK-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Pete Stein, probation officer of the court, presenting an official report upon the conduct and attitude of Robert B. Sullivan who was placed on supervision by the Honorable Marcia S. Krieger sitting in the court at Denver, Colorado, on the 3rd day of November, 2003, who fixed the period of supervision at three (3) 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 probation 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. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the modification of the terms of supervised release to include a special condition requiring that: 3) The defendant shall reside in a residential re-entry center for a period of up to five (5) months, to commence as directed by the probation officer, and shall observe the rules of that facility. ORDER OF THE COURT Considered and ordered this __18th____ day of June, 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/Pete Stein Pete Stein United States Probation Officer s/ Marcia S. Krieger Marcia S. Krieger United States District Judge Place: Denver, Colorado Date: June 17, 2008

Case 1:03-cr-00210-MSK

Document 116

Filed 06/18/2008

Page 2 of 2

ATTACHMENT On July 13, 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 a copy of them. The term of supervised release commenced on July 13, 2007. On November 10, 2007, the defendant submitted a urine sample which tested positive for amphetamine. The defendant admitted this drug use and his drug treatment/counseling requirements were increased. No court intervention was requested. On January 26, 2008, the defendant submitted a urine sample which tested positive for marijuana. The defendant denied this drug use. Treatment and counseling were continued and no court intervention was requested. On May 28, 2008, the defendant submitted a urine sample which tested positive for methamphetamine. While discussing this with the defendant on June 12, 2008, defendant admitted he used methamphetamine on June 7, 2008. On June 12, 2008, I presented the defendant with a waiver of hearing to modify the conditions of supervised release to include a special condition requiring the defendant's placement in a residential re-entry program for a period of up to five (5) months, to commence as directed by the probation officer, and that he observe the rules of that facility. Defendant signed the waiver after speaking with his attorney, Assistant Federal Public Defender Robert Pepin. Mr. Pepin also agreed to the waiver of hearing and proposed modification. Assistant United States Attorney James Hearty concurs with this course of action. This proposed course of action will provide the defendant with necessary structure while sanctioning him for his noncompliant conduct.