Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00364-WDM

Document 38

Filed 04/20/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Amos Anthony Atencio Docket Number: 01-cr-00364-WDM-01 Petition on Supervised Release COMES NOW, Kathleen A. Keenan, probation officer of the court, presenting an official report upon the conduct and attitude of Amos Anthony Atencio, who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 22nd day of May, 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 an inpatient substance abuse treatment program, if deemed necessary by the probation officer, and shall observe the rules of that facility. The defendant shall reside in a community corrections center (Comcor), (as a special condition of supervised release) for a period of four (4) months to commence upon release from confinement, and shall observe the rules of that facility. The defendant shall comply with the terms and conditions for payment of the special assessment imposed by the original judgment.

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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 herein and hereto incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a Warrant for violation 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 20th day of April, 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. /s/Kathleen A. Keenan Kathleen A. Keenan Senior Probation Officer

s/ Walker D. Miller
Walker D. Miller United States District Judge Place: Colorado Springs, Colorado Date: April 18, 2007

Case 1:01-cr-00364-WDM

Document 38

Filed 04/20/2007

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ATTACHMENT On July 7, 2005, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on July 6, 2006. The defendant has committed the following violations of supervised release. 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about August 8, 2005, the defendant used or administered controlled substances, amphetamine and methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 8, 2005, the defendant submitted a urine sample at Bridge to Awareness, the testing and treatment program where I directed him to participate, that tested positive for the use of methamphetamine and amphetamine. On August 18, 2005, I met with the defendant and he was told of the positive result. The defendant denied using methamphetamine and stated, " did not use, but I know what happened." The I defendant stated he believed someone put methamphetamine in something he drank. The Court was notified and in response, the defendant was placed at ComCor, a community corrections center in Colorado Springs, Colorado on September 6, 2005. 2. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about January 25, 2007, the defendant used or administered controlled substances, amphetamine and methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 1, 2006, the defendant was referred to Confidential Health Consultants, our federally contracted substance abuse program, and directed to participate in the random drug testing program. On January 25, 2007, the defendant submitted a urine sample at Confidential Health Consultants that tested positive for the use of methamphetamine. On February 12, 2007, I met with the defendant and although he did not admit to the use of methamphetamine, the defendant admitted to being around individuals who had been using methamphetamine. The Court was notified and concurred with no Court action at that time. I again referred the defendant to ongoing substance abuse treatment and increased the frequency of random drug testing.

Case 1:01-cr-00364-WDM

Document 38

Filed 04/20/2007

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POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 14, 2007, the defendant used or administered controlled substances, amphetamine and methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 1, 2006, the defendant was referred to Confidential Health Consultants, our federally contracted substance abuse program, and directed to participate in the random drug testing program. On March 14, 2007, the defendant submitted a urine sample that tested positive for the use of methamphetamine. On April 18, 2007, I met with the defendant and he denied use of methamphetamine and reported he believed his girlfriend put the methamphetamine in his food and/or drinks. The defendant did acknowledge that he knew his girlfriend, who was living with him, was using methamphetamine and had methamphetamine in his residence. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 22, 2007, the defendant used or administered controlled substances, amphetamine and methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 1, 2006, the defendant was referred to Confidential Health Consultants, our federally contracted substance abuse program, and directed to participate in the random drug testing program. On March 22, 2007, the defendant submitted a urine sample that tested positive for the use of methamphetamine. On April 18, 2007, I met with the defendant and he denied use of methamphetamine and reported he believed his girlfriend put the methamphetamine in his food and/or drinks. The defendant did acknowledge that he knew his girlfriend, who was living with him, was using methamphetamine and had methamphetamine in his residence. 5. VIOLATION OF LAW:

a) On or about April 3, 2007, the defendant committed Third Degree Assault - Know/Reckless Cause Injury in violation of Colorado Revised Statute 18-3-204. This is a Class I Misdemeanor, which constitutes a Grade C violation of supervised release. b) On or about April 3, 2007, the defendant committed Harassment - Strike/Shove/Kick in violation of Colorado Revised Statute 18-9-111(1)(a). This is a Class 3 Misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 3, 2007, the defendant was arrested by Colorado Springs Police Officers for Domestic Violence and placed in custody. On April 4, 2007, the defendant was charged with Third Degree Assault and Harassment in El Paso County Docket No. 2007-M-2596, and a jury trial has been set for May 30, 2007. The victims in the case have been listed as the defendant' girlfriend, Debbie Lynn Butcher, and her two s children, ages 13 and 11.