Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:00-cr-00288-LTB
PROB 12 (02/05-D/CO)

Document 73

Filed 01/11/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CORI ANN MCCAIN Docket Number: 00-cr-00288-LTB Petition on Supervised Release COMES NOW, Gary W. Phillips, probation officer of the court, presenting an official report upon the conduct and attitude of Cori Ann MCCAIN who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 1st day of December, 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. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless she is in compliance with the periodic payment obligations imposed pursuant to the court' s judgment and sentence.

On May 7, 2004, the defendant' supervised release was revoked and she was sentenced to seven months s incarceration to be followed by 22 months of supervised release. On March 17, 2005, the court modified the defendant' conditions of supervised release to include two conditions: 1) s The defendant shall not secure any employment without prior approval from her probation officer, and 2) The defendant shall not be employed in any fiduciary position. 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 hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the modification of the defendant' conditions of supervised s release to include a special condition requiring the defendant to 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. The defendant shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment.

ORDER OF THE COURT Considered and ordered this 11th day of January, 2006, 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/Lewis T. Babcock Lewis T. Babcock Chief U.S. District Judge Place: Denver, Colorado Date: January 9, 2005

Case 1:00-cr-00288-LTB

Document 73

Filed 01/11/2006

Page 2 of 2

ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the acknowledgment of conditions of supervision and judgment signed by the defendant on January 19, 2005, acknowledging that the conditions had been read to her, that she fully understood the conditions, and that she had been given a copy of them. Attached hereto as Exhibit B and incorporated by reference is a signed statement executed by the defendant and defense counsel, which waives her right to a hearing and agrees to the proposed modification of the conditions of supervised release. The reasons for the proposed modification are as follows: The defendant reported to the Probation Office on October 31, 2005, and met with Supervising Probation Officer Suzanne Wall Juarez, and me to disclose that she had been terminated from her fifth job since her second term of supervised release commenced on January 5, 2005. During the office visit the defendant said that she had recently had a tubal pregnancy and lost the baby, and that she and her husband were in the process of separating. Acknowledging the defendant' recent struggles, Supervising Probation Officer Juarez offered counseling services s to her. The defendant said that she had to much going on in her life at the present time, and did not feel like she had time to attend counseling sessions. During an office visit on December 12, 2005, the defendant asked whether or not the offer for counseling services was still available. The defendant stated that she was really struggling coping with the guilt she felt from her conviction in the instant offense, and her current marital problems. She said that she was having difficulty pulling herself out of the " she was in, and thought that she could benefit from sessions with a mental health professional. rut"

Based on the aforementioned, the Probation Department believes that the defendant could benefit from mental health counseling. As reflected on the attached Waiver of Hearing to Modify Conditions of Supervised Release, executed by the defendant and assistant federal public defender, Ed Pluss, both are agreeable to this proposed modification.