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

Case 1:00-cr-00064-LTB

Document 49

Filed 03/04/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. JOEY BRONSON Docket Number: 00-cr-00064-LTB-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Joey Bronson who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 10th day of October, 2000, 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 such time as the defendant 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. The defendant shall be required to pay the cost of the treatment as directed by the probation officer

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 defendant's conditions of supervised release to include the special condition requiring that he reside in a Residential Re-Entry Center (RRC) for a period of up to 180 days to commence at the direction of the probation officer, and shall observe the rules of that facility.

ORDER OF THE COURT Considered and ordered this 4th day of March, 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/Emily Valentin Emily Valentin Senior U.S. Probation Officer Place: Denver, Colorado Date: February 28, 2008

s/Lewis T. Babcock Lewis T. Babcock U.S. District Judge

Case 1:00-cr-00064-LTB

Document 49

Filed 03/04/2008

Page 2 of 2

ATTACHMENT The petition is based on the following facts: On October 27, 2006, 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 October 27, 2006. As the court was previously notified, on May 30, 2007, the defendant was arrested for domestic violence Damaging, Defacing or Destruction of Private Property and Disturbing the Peace by the Denver Police Department. The defendant pled guilty and was sentenced on May 31, 2007, in Docket No. 07GS892851 in Denver County Court, Denver, Colorado. The defendant was sentenced to 121 days imprisonment, of which 120 days were suspended. In addition, he was sentenced to one year probation and is required to complete 36 weeks of domestic violence classes. At that time, the Probation Office did not recommend a punitive sanction because the defendant had made significant progress since he commenced supervised release on October 27, 2006. Unfortunately, this is no longer the case. On December 3, 2007, the defendant was terminated from his job as a maintenance worker at Sapp Brothers. The defendant was terminated because he drove a company vehicle across the street and did not have a valid driver's license which is against their company policy. Additionally, while the defendant was driving, he ran into a truck and caused $1,500 damage. The defendant has yet to secure stable employment despite meeting with the Probation Office's career counselor. The defendant's lease at his apartment expired on February 22, 2008, and due to the apartment complex undergoing renovation, he was not able to renew the lease. The defendant plans to reside with his friend or in a motel until bed space is available on March 7, 2008, at Independence House. The defendant has not complied with drug testing and has failed to submit urine specimens on the following dates: October 2, November 28, December 3, and 29, 2007, January 13, 24, and February 24, 2008. Additionally, he failed to attend individual substance abuse counseling on January 9, 2008. On February 12, 2008, I received notification from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at Correctional Management Incorporated (CMI) on February 8, 2008, tested positive for marijuana. On February 13, 2008, I questioned the defendant about his drug use and he admitted to smoking marijuana. The Probation Office believes that the defendant is in need of further monitoring and structure which can be provided by placement in a Residential Re-Entry Center (RRC). On February 25, 2008, the defendant and his attorney, Susan Fisch, 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. Assistant U.S. Attorney Linda McMahan has been consulted and has no objection to the proposed modification.