Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00374-EWN
PROB 12 (02/05-D/CO)

Document 60

Filed 09/05/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. DONALD LESTER Docket Number: 01-cr-00374-EWN-01

Petition for Issuance of Arrest Warrant Due to Violation of Supervised Release COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Donald Lester who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 18th day of September, 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 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. six

On July 8, 2005, the defendant's original term of supervised release was revoked and he was sentenced to (6) months imprisonment to be followed by thirty (30) months supervised release. All previous conditions of supervised release were ordered to remain in full force and effect.

On January 19, 2007, the defendant's conditions of supervised release were reinstated and modified to include special conditions that he participate in a program of mental health treatment and that he reside in a Residential Re-Entry Center (RRC) for a period of up to 180 days. All previous conditions of supervised release were ordered to remain in full force and effect.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached 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 5th day of September, 2007, 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 to the best of my knowledge. s/Emily Valentin Emily Valentin Senior United States Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief United States District Judge Place: Denver, Colorado Date: August 31, 2007

Case 1:01-cr-00374-EWN

Document 60

Filed 09/05/2007

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ATTACHMENT On November 21, 2005, and April 10, 2006, the conditions of supervised release were read and explained to the defendant. On those dates, 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 defendant's term of supervised release recommenced on November 15, 2005. This petition is based on the following facts: 1.) POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about August 5, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 13, 2007, I received notice from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at Correctional Management, Incorporated (CMI) on August 5, 2007, tested positive for cocaine. I questioned the defendant about his drug use and he admitted to using cocaine. 2.) FAILURE TO PARTICIPATE IN DRUG TESTING AS DIRECTED BY THE PROBATION OFFICER:

On August 21, and 28, 2007, the defendant failed to provide urine specimens at CMI, the testing and treatment program at which the probation officer had directed him to submit urine specimens. This constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 22, 2007, the Probation Department received written notification from CMI that the defendant failed to submit a urine specimen on August 21, 2007. On August 29, 2007, the Probation Department received written notification from CMI that the defendant failed to submit a urine specimen on August 28, 2007. 3.) POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about August 17, 2007, the defendant used or administered a controlled substance, amphetamine/methamphetamine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 24, 2007, I received notice from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at CMI on August 17, 2007, tested positive for amphetamine/methamphetamine.

Case 1:01-cr-00374-EWN

Document 60

Filed 09/05/2007

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4.)

FAILURE TO PARTICIPATE IN DUAL DIAGNOSIS TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On August 28, 2007, the defendant failed to attend counseling at Correctional Psychology Associates (CPA), which constitutes a Grade C violation of supervised release. This charge is based on the following facts: The Probation Department received written notification from CPA indicating that the defendant failed to attend counseling on August 28, 2007. This absence was not excused by the Probation Department.