Free Judgment for Revocation - District Court of Colorado - Colorado

Case 1:03-cr-00023-MSK

Document 62

Filed 05/24/2006

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UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

UNITED STATES OF AMERICA v. SCOTT LEE KIMBALL a/k/a Brett Kimball

JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)

Case Number: 03-cr-00023-MSK-01 USM Number: 02743-046 Robert S. Berger
(Defendant's Attorney)

THE DEFENDANT: Admitted guilt to violations 1 through 3, as alleged in the probation officer's petition. The defendant is adjudicated guilty of these violations: Violation Number 1 2 Nature of Violation Failure to Report to the Probation Officer as Directed Failure to Notify Officer of Change in Residence Violation Ended 01/27/06 01/13/06

The defendant is sentenced as provided in pages 2 through 5 of this judgment in accordance with the findings and conclusions made in open court, a transcript of which is attached hereto and incorporated herein by this reference. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances. It is further ordered that the Addendum to this judgment, which contains the defendant' social s security number, residence address and mailing address, shall be withheld from the court file and retained by the United States Probation Department. May 22, 2006
Date of Imposition of Judgment

s/Marcia S. Krieger
Signature of Judge

Marcia S. Krieger, U.S. District Judge
Name & Title of Judge

May 24, 2006
Date

Case 1:03-cr-00023-MSK
DEFENDANT: SCOTT LEE KIMBALL CASE NUMBER: 03-cr-00023-MSK-01

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ADDITIONAL VIOLATIONS
Violation Ended 11/18/05

Violation Number 3

Nature of Violation Leaving the District without Permission

Case 1:03-cr-00023-MSK
DEFENDANT: SCOTT LEE KIMBALL CASE NUMBER: 03-cr-00023-MSK-01

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IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of ten (10) months. The defendant is remanded to the custody of the United States Marshal.

RETURN
I have executed this judgment as follows:

Defendant delivered on

to

at

, with a certified copy of this judgment.

UNITED STATES MARSHAL

Case 1:03-cr-00023-MSK
DEFENDANT: SCOTT LEE KIMBALL CASE NUMBER: 03-cr-00023-MSK-01

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By
Deputy United States Marshal

Case 1:03-cr-00023-MSK
DEFENDANT: SCOTT LEE KIMBALL CASE NUMBER: 03-cr-00023-MSK-01

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Filed 05/24/2006

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SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of twenty-six (26) months. The defendant must report to the probation office in the district to which he is released within 72 hours of his release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and two periodic drug tests thereafter. The defendant shall not possess a firearm as defined in 18 U.S.C. § 921. If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION
1) 2) 3) 4) 5) 6) 7) The defendant shall not leave the judicial district without the permission of the court or probation officer. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The defendant shall support his dependents and meet other family responsibilities. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons. The defendant shall notify the probation officer at least ten days prior to any change in residence or employment. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, except as prescribed by a physician. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer.

8) 9)

Case 1:03-cr-00023-MSK
DEFENDANT: SCOTT LEE KIMBALL CASE NUMBER: 03-cr-00023-MSK-01

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10) 11) 12) 13)

14)

The defendant shall permit a probation officer to visit him at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. The defendant shall provide the probation officer with access to any requested financial information.

ADDITIONAL CONDITIONS OF SUPERVISION
1) 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. The defendant shall remain medication compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall reside in a community corrections center for a period of 6 months, to commence upon release from imprisonment, and shall observe the rules of that facility.

2) 3)