Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:01-cr-00364-WDM

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Filed 07/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00364-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. AMOS ANTHONY ATENCIO,

Defendant. _____________________________________________________________________ MOTION TO AMEND CONDITIONS OF BOND _____________________________________________________________________ The defendant, Amos Anthony Atencio, by and through undersigned counsel, pursuant to 18 U.S.C. § 3142 (c)(3), moves this Court to amend his conditions of bond to delete the requirement that he reside at COMCOR community corrections center in Colorado Springs, and to add the requirement that he be released on bond under electronic monitoring. As grounds, defendant states: 1. The defendant is before the court on a supervised release violation.

On June 20, 2007, the defendant was admitted to bond and ordered to reside at COMCOR community corrections center in Colorado Springs. 2. The parties contemplated that the defendant's family would be paying for

the defendant to soon enter an inpatient drug treatment facility and that placement in COMCOR pending his entrance into the inpatient facility would be appropriate. 3. It now appears that the defendant's family cannot afford the expense of

the inpatient facility. Because the defendant must pay a portion of each pay check to COMCOR as a condition of him residing at the facility ­ which totals $800 a month ­ the

Case 1:01-cr-00364-WDM

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defendant cannot save enough money to pay for the inpatient drug treatment facility himself. 4. At the present time, the defendant pays approximately $1135 per month

for his mortgage, $421 per month for his car payments, and is paying off credit card debt. His net income is $2300 per month. Therefore, between his bills and the money he must pay COMCOR, he cannot afford inpatient treatment. 5. Should the defendant's bond be amended to require he reside at home

under electronic monitoring, he would be able to save money to pay for a one-month stay in the inpatient drug treatment facility. 6. U.S. Probation Officer Kathy Keenan would oppose this request on the

grounds that his apparent violations of supervision, drug use, occurred at home and occurred with his girlfriend. Mr. Atencio is no longer involved in a relationship with his former girlfriend and only he and his daughter reside at his residence at 2739 N. Arcadia, Colorado Springs 7. Since four of his five violations involve positive urinalyses, an intensive

inpatient program would be the most beneficial avenue for Mr. Atencio to pursue; however, he needs to be relieved of the financial burden of paying COMCOR $800 per month in order to save enough money for inpatient drug treatment.

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WHEREFORE defendant prays this Court will grant this motion and amend his conditions of bond to delete the requirement that he reside at COMCOR and add the requirement that he be placed on electronic monitoring. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Janine Yunker JANINE YUNKER Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on July 16, 2007, I electronically filed the foregoing MOTION TO AMEND CONDITIONS OF BOND with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Gregory H. Rhodes, AUSA [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant's name: Mr. Amos Anthony Atencio c/o COMCOR 5250 N. Nevada Colorado Springs, Colorado 80918 (via U.S. Mail)

s/ Janine Yunker JANINE YUNKER Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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