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

Case 1:01-cr-00319-WYD
PROB 12

Document 1146

Filed 02/14/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Nathan W. Burress Docket Number: 01-cr-00319-WYD-13 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.

2.

3.

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 that the defendant' conditions of supervised release be modified s

to include a special condition 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 release from the community corrections center after it has been s determined that the defendant has secured a stable residence. The defendant shall follow the rules and regulations of the community corrections center.
ORDER OF THE COURT Considered and ordered this __14th_____ day of February, 2006, 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/Jennifer Nuanes Jennifer Nuanes Senior Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel United States District Court Place: Denver, Colorado Date: February 14, 2006

Case 1:01-cr-00319-WYD

Document 1146

Filed 02/14/2006

Page 2 of 2

ATTACHMENT This petition is based on the following facts: On September 20, 2002, the defendant was sentenced to 22 months imprisonment followed by a three-year term of supervised release. On May 6, 2005, the defendant' original term of supervised release was revoked and was s sentenced to 12 months and one day imprisonment followed by a two-year term of supervised release. Defendant arrived at the community corrections center on pre-release status on January 18, 2006. He is due to commence his term of supervised release on February 16, 2006. The defendant has not yet secured employment and therefore does not have enough money saved to secure a residence by his release date. Therefore, a modification of supervised release is recommended to extend the defendant' community corrections term by up to 180 days. s As documented in the attached Waiver of Hearing to Modify Conditions of Supervised Release, the defendant and defense counsel, Lynn A. Pierce, CJA Panel, are in agreement with this modification. Since this condition is proposed for non-punitive reasons, the probation officer will have the discretion to authorize the defendant' early release from the community corrections center. s Notwithstanding the non-punitive nature of this placement, the defendant has acknowledged that he will continue to follow the rules and regulations of the community corrections center.