Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. BRANDON KIM LAWSON Docket Number: 01-cr-00353-DBS-01

Petition on Probation and Supervised Release

COMES NOW, Gary W. Phillips, probation officer of the court, presenting an official report upon the conduct and attitude of Brandon Kim Lawson who was placed on supervision by the Honorable Daniel B. Sparr sitting in the court at Denver, Colorado, on the 25th day of March, 2003, 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. If deemed necessary by the probation officer, the defendant shall participate in a program of testing and treatment for drug and alcohol abuse, as directed by the probation officer. Defendant shall be placed on home detention for a period of 12 months, to commence within 21 days of sentencing. Defendant shall comply with any state court restraining order/orders of no contact with wife in any way.

2.

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On January 19, 2005, the Court modified the defendant' conditions to include mental health treatment. s

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 the issuance of a warrant for a violation of probation and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 19th day of December, 2005, 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/ Gary W. Phillips Gary W. Phillips Senior Probation Officer s/ Daniel B. Sparr Daniel B. Sparr Senior United States District Judge Place: Denver, Colorado Date: December 15, 2005

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 2 of 6

ATTACHMENT

Attached hereto as Exhibit A and incorporated by reference is a true copy of the conditions of probation signed by the defendant on March 27, 2003, acknowledging that the conditions have been read to him, that he fully understood the conditions, and that he had been given a copy of them. The term of probation commenced on March 27, 2003.

The defendant has committed the following violations of probation:

1.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about April 29, 2005, the defendant used or administered a controlled substance, amphetamine and methamphetamine, that 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 April 29, 2005, the defendant reported to the Probation Office and met with Supervising Probation Officer Suzanne Wall Juarez and me to discuss his non-compliance with mental health counseling. During this meeting the defendant admitted that he had reverted back to using methamphetamine approximately two months ago. On April 29, 2005, the defendant provided a urine specimen that tested positive for amphetamine and methamphetamine. Due to the defendant's admission to drug use, he was referred to Addiction Research and Treatment Services (ARTS) for drug testing.

2.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about May 3, and May 4, 2005, the defendant used or administered a controlled substance, amphetamine and methamphetamine, that had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release.

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 3 of 6

This charge is based on the following facts:

On May 3, and May 4, 2005, the defendant provided random urines at ARTS that tested positive for amphetamine and methamphetamine. On May 18, 2005, I confronted the defendant about the positive drug test on May 3, and May 4, 2005, and he said that he last "snorted" methamphetamine on April 28, 2005.

3.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about August 24, 2005, the defendant used or administered a controlled substance, amphetamine and methamphetamine, that 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, 2005, the defendant provided a random urine at ARTS that tested positive for amphetamine and methamphetamine. On September 8, 2005, I confronted the defendant about the positive drug test and he admitted "snorting" methamphetamine for the past couple of weeks with his last use being on September 4, 2005. As a result of the defendant's positive drug test and admission to drug use, he was placed in weekly drug group therapy at Correctional Psychology Associates (CPA), in addition to the weekly individual mental health counseling sessions he was currently attending.

4.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about November 14, 2005, the defendant used or administered a controlled substance, amphetamine and methamphetamine, that had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release.

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 4 of 6

This charge is based on the following facts:

On November 14, 2005, the defendant provided a random urine at ARTS that tested positive for amphetamine and methamphetamine. On November 18, 2005, I confronted the defendant about the positive drug test and he admitted to "snorting" methamphetamine for about a week, with the last use being on November 11, 2005. The defendant finally admitted that he has a drug addiction and proposed enrolling himself into an inpatient drug treatment program. The defendant was scheduled to be admitted to the Arapahoe House STIRRT two week intensive inpatient drug treatment program on December 12, 2005. On his own accord, and without authorization of the probation officer, the defendant put off his admission to the STIRRT program until December 19, 2005.

5.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about December 2, 2005, the defendant used or administered a controlled substance, amphetamine and methamphetamine, that 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 December 2, 2005, the defendant provided a random urine at ARTS that tested positive for amphetamine and methamphetamine.

6.

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

The defendant failed to provide a urine specimen at ARTS, the testing program in which the probation officer had directed him to submit urines, on September 7, November 9, and November 14, 2005, which constitutes a Grade C violation of supervised release.

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 5 of 6

This charge is based on the following facts:

The Probation Department received incident reports from ARTS on September 8, November 10, and November 15, 2005, stating that he failed to provide a scheduled urine specimen on September 7, November 9, and November 14, 2005, respectively. The defendant's missed urines coincide with the dates that he admitted using methamphetamine.

7.

FAILURE TO PARTICIPATE IN ALCOHOL/DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep counseling appointments at CPA, the treatment program in which the probation officer had directed him to participate, on November 2, and November 9, 2005, which constitutes a Grade C violation of supervised release.

This charge is based on the following facts:

The Probation Department received incident reports from CPA stating that the defendant failed to attend substance abuse counseling on November 2, and November 9, 2005.

8.

FAILURE TO PARTICIPATE IN MENTAL HEALTH TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep counseling appointments at CPA, the treatment program in which the probation officer had directed him to participate, four out of eight sessions between February 14, and April 25, and November 1, 2005, which constitutes a Grade C violation of supervised release.

Case 1:01-cr-00353-DBS
PROB 12 (02/05-D/CO)

Document 61

Filed 12/19/2005

Page 6 of 6

This charge is based on the following facts:

On April 25, 2005, the Probation Department received a letter from the defendant's counselor, Eileen Courtney, at CPA that stated since the his intake on February 14, 2005, he has missed four out of eight scheduled individual counseling sessions and of the four sessions he attended, he was at least 20 minutes late to three of them. On April 29, 2005, the defendant reported to the Probation Office and met with Supervising Probation Officer Suzanne Wall Juarez and me to discuss his non-compliance with mental health counseling. The defendant acknowledged his noncompliance and said that he was extremely busy getting his new company off the ground. He also said he was busy caring for his two children; however, he knew that he needed to make his treatment a priority.