Free Supervised Release - Final Revocation Hrg - District Court of Colorado - Colorado

Case 1:01-cr-00353-DBS

Document 80

Filed 03/23/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE DANIEL B. SPARR SUPERVISED RELEASE VIOLATION MINUTES
Bernique Abiakam, Deputy Clerk Suzanne Claar, Court Reporter Criminal Action No. 01-CR-00353-DBS Parties: UNITED STATES OF AMERICA, Plaintiff, v. BRANDON KIM LAWSON, Defendant. Interpreter: n/a Probation Officer: Gary Phillips Edward A. Pluss Counsel: Valeria N. Spencer Date: March 23, 2006

1:39 p.m.

Court in Session

Court calls case. Appearance of counsel. Defendant present in custody.
Court' preliminary remarks. s Court identifies alleged violations contained in probation officer' report. s Defendant admits violations 1 through 8. 1:46 p.m. Defendant answers questions by the Court.

Further case review by the Court.
1:59 p.m. Statement and recommendation by the Probation Officer.

2:01 p.m. 2:10 p.m. 2:17 p.m. 2:21 p.m.

Statement by the Government, Ms. Spencer. Statement by Mr. Pluss. Further statement by Ms. Spencer. Further statement by Ms. Pluss.

Case 1:01-cr-00353-DBS 01-cr-00353-DBS Supervised Release Violation March 23, 2006

Document 80

Filed 03/23/2006

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2:22 p.m. 2:26 p.m.

Further statement by Mr. Phillips. Statement by the Defendant.

The Court clarifies the meaning of STIRT - Short Term Intensive Residential Treatment Program. 2:42 p.m. 2:48 p.m. 3:01 p.m. 3:09 p.m. Continued statement by Defendant. Statement by Ms. Linda Morrissey, neighbor of Defendant. Statement by Ms. Laura Wildt, friend of Defendant. The Court makes rulings. Probation is revoked. Defendant is imprisoned for 9 months. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released. Conditions of supervised release are: a. Defendant shall not commit another federal, state or local crime; Defendant shall not illegally possess controlled substances; Defendant shall not possess a firearm or destructive device; Defendant shall comply with the standard conditions as adopted by this Court; Defendant shall refrain from the unlawful use of a controlled substances and submit to one drug 2

ORDERED: 1. ORDERED: 2. ORDERED: 3.

ORDERED: 4.

ORDERED: 5.

b.

c.

d.

e.

Case 1:01-cr-00353-DBS 01-cr-00353-DBS Supervised Release Violation March 23, 2006

Document 80

Filed 03/23/2006

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test within 15 days of release on supervised release and at least two periodic tests thereafter for use of a controlled substance; Special Conditions: a. Defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant will pay cost of treatment, if able to do so, as directed by the probation department; 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. Defendant will pay the cost of treatment, if able to do so, as directed by the probation officer. The Court authorizes the probation department to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment;

b.

c.

Defendant will remain compliant with all medications that are currently prescribed by his treating physician. The medications now prescribed will be passed on to the Marshal's Service to be taken into consideration by the Bureau of Prisons; Defendant shall cooperate with random blood testing as requested by treating physicians or supervising probation officers.

d.

Discussion regarding placement for the Defendant. The Court will recommend FCI Englewood as the place of incarceration for the Defendant. ORDERED: 6. Defendant is advised of right to appeal. 3

Case 1:01-cr-00353-DBS 01-cr-00353-DBS Supervised Release Violation March 23, 2006

Document 80

Filed 03/23/2006

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3:32 p.m.

Questions by the Defendant.

Statement by Mr. Pluss regarding credit for time served. The Court advises counsel that time served will be determined by the Bureau of Prisons. Discussion regarding family arrangements for the Defendant.

ORDERED: 7.

Defendant is remanded to the custody of the U. S. Marshal for the District of Colorado.

3:35 p.m.

Recess

Total time in Court: 1 hour, 56 minutes.

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