Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00321-LTB
PROB 12 (02/05-D/CO)

Document 1179

Filed 09/26/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. John Riley Oliver Docket Number: 01-cr-00321-LTB-12 Supplemental Petition on Supervised Release COMES NOW, Patrick J. Lynch, probation officer of the court, presenting an official report upon the conduct and attitude of John Riley Oliver who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 20th day of August, 2002, 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 will be required to 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 such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.

2.

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 as incorporated by reference. PRAYING THAT THE COURT WILL ORDER the addition of violation counts four (4) and five (5) to the original violation petition signed by the Court on September 14, 2006, which requested the issuance of a supervised release violation petition and arrest warrant for violations of supervised release. ORDER OF THE COURT Considered and ordered this 26th day of September, 2006, and ordered filed under seal 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/Patrick J. Lynch Patrick J. Lynch Senior U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief U.S. District Judge Place: Denver Date: September 22, 2006

Case 1:01-cr-00321-LTB

Document 1179
ATTACHMENT

Filed 09/26/2006

Page 2 of 2

Attached hereto as Exhibit A and incorporated by reference is a true copy of the Acknowledgment of Conditions of Supervision signed by defendant on March 31, 2006. His signature on this occasion acknowledged that the conditions had been read and explained to him, and that he was provided a copy of them. The term of supervised release commenced on March 31, 2006. The defendant has committed the following additional violations of supervised release: 4. POSSESSION OR USE OF A CONTROLLED SUBSTANCE:

On or about September 8, 2006, and September 12, 2006, and September 18, 2006, defendant submitted random urine samples at ARTS/Crosspoint which tested positive for marijuana, cocaine or both, which constitute Grade C violations of supervised release. This charge is based on the following facts: On September 8, 2006, defendant submitted a random urine sample at ARTS/Crosspoint that returned positive for the presence of marijuana. I addressed this with defendant on September 21, 2006, and defendant admitted to having smoked marijuana prior to that time. On September 12, 2006, defendant submitted a random urine sample at ARTS/ Crosspoint that returned positive for the presence of marijuana and cocaine. I addressed this with defendant on September 21, 2006, and defendant admitted to smoking marijuana but stated he was not aware the marijuana also contained cocaine. On September 18, 2006, defendant submitted a random urine sample at ARTS/ Crosspoint that returned positive for the presence of marijuana and cocaine. I addressed this with defendant on September 21, 2006, and defendant admitted to smoking marijuana but stated he was not aware the marijuana also contained cocaine. 5. FAILURE TO PARTICIPATE IN MENTAL HEALTH TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On or about September 11, 2006, defendant failed to attend his psychiatric appointment at ARTS/Crosspoint, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On March 31, 2006, defendant was referred to ARTS/Crosspoint for both substance abuse and mental health counseling. Defendant was directed to attend individual dual diagnosis counseling sessions two (2) hours each month. In addition, defendant was directed to obtain a psychiatric evaluation which took place on April 17, 2006. On September 12, 2006, the Probation Department received notification from ARTS/Crosspoint that defendant failed to attend his psychiatric appointment with Dr. Christian Hopfer on September 11, 2006, at 12:50 p.m. This violation has not been addressed with defendant.