Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00319-WYD
PROB 12 (02/05-D/CO)

Document 1151

Filed 03/30/2006

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Nathan Burress Docket Number: 01-cr-00319-WYD Petition on Supervised Release COMES NOW, Jennifer Nuanes, probation officer of the court, presenting an official report upon the conduct and attitude of Nathan W. Burress who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado on the 6th day of May, 2005, who fixed the period of supervision at two 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 and alcohol 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. The defendant shall ingest monitored antabuse if not medically contraindicated.

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On February 14, 2006, the defendant' conditions of supervision were modified to include a special condition s requiring the defendant to reside in a community corrections center for a period not to exceed six months (180 days), to commence February 16, 2006. The probation officer shall have the discretion to authorize the defendant' early s release from the community corrections center after it has been determined that the defendant has secured a stable residence. The defendant shall follow the rules and regulations of the community corrections center. 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 issuance of a warrant for violations of supervised release, and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 30th day of March, 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/Jennifer Nuanes Jennifer Nuanes Senior Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel United States District Judge Place: Denver, Colorado Date: March 28, 2006

Case 1:01-cr-00319-WYD

Document 1151

Filed 03/30/2006

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ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the original conditions of supervised release signed by the defendant on March 10, 2006. His signature acknowledges that the conditions have been read and explained to him, that he fully understood said conditions, and that he was provided with a copy of same. The defendant's term of supervised release commenced on February 16, 2006. The defendant has committed the following violations of supervised release: 1. FAILURE TO COMPLY WITH RULES OF COMMUNITY CORRECTIONS CENTER:

On or about March 2, 2006, the defendant failed to notify the community corrections facility of his whereabouts, which constitutes a Grade C violation of supervised release. The charge is based on the following facts: On March 3, 2006, Katrina Kehm, Case Manager, at the community corrections facility received documentation from the defendant' employer, Atlas Logistics, that the defendant signed out of s work at 6:05 p.m. but did not return to the community corrections facility until 12:00 a.m. on March 3, 2006. The defendant was unaccountable for six hours. On March 10, 2006, I met with the defendant to address this violation. During this meeting, the defendant admitted he and another community corrections client left work early to meet some female friends for dinner. 2. FAILURE TO COMPLY WITH RULES OF COMMUNITY CORRECTIONS CENTER:

On or about March 3, 2006, the defendant possessed and used alcohol while residing at a community corrections facility, which constitutes a Grade C violation of supervised release. The charge is based on the following facts: On March 3, 2006, at approximately 12:00 a.m., the defendant was instructed to submit a urine sample upon his return to the community corrections facility. On March 7, 2006, community corrections staff received documentation from Redwood Laboratories confirming the specimen tested positive for alcohol. On March March 10, 2006, I met with the defendant to address this violation. During this meeting, the defendant admitted he left work early to go to dinner with a female and while at dinner consumed alcohol. 3. FAILURE TO COMPLY WITH RULES OF COMMUNITY CORRECTIONS CENTER:

On or about March 25, 2006, the defendant possessed and used alcohol while residing at a community corrections facility, which constitutes a Grade C violation of supervised release. The charge is based on the following facts: On March 25, 2006, at approximately 9:40 a.m., the defendant returned to the facility following a routine fire drill conducted at the community corrections facility and was instructed to submit a random breathalyzer. The results of the initial test produced a BAC reading of .02. Approximately ten minutes later, the defendant was instructed to submit a second breathalyzer which produced a BAC reading of .06. Approximately thirty minutes later a third test was administered which produced a BAC reading of .08. Following the tests, staff from the community corrections facility addressed these violations. During this meeting, the defendant submitted a

Case 1:01-cr-00319-WYD

Document 1151

Filed 03/30/2006

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written statement admitting he consumed alcohol. 4. FAILURE TO COMPLY WITH RULES OF COMMUNITY CORRECTIONS CENTER:

On or about March 25, 2006, the defendant possessed and used an unauthorized cellular telephone while residing at a community corrections facility, which constitutes a Grade C violation of supervised release. The charge is based on the following facts: On March 25, 2006, a search of the defendant' room at the community corrections facility was s conducted. During the search, a cellular telephone was found in the defendant' possession. On s January 18, 2006, the defendant completed an orientation at the community corrections facility and was given a copy of the rules and regulations of the facility. One of the rules listed in the manual prohibits clients from possessing a cellular telephone without prior approval. The defendant was aware of this regulation and did not have permission to possess a cellular telephone.