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

Case 1:01-cr-00238-WDM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: Jennifer Nuanse CASE NO. 01-CR-00238-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. THOMAS P. ORMSBY,

Date: May 10, 2006 Time: one hour Interpreter: n/a

Counsel Patricia Davies

Virginia Grady

Defendant.

CONTINUED HEARING ON VIOLATIONS OF SUPERVISED RELEASE

10:10 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. Ms. Grady addresses sentencing. Comments by Ms. Davies

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Further comments by Ms. Grady. Page Two 01-CR-00238-WDM Comments by Ms. Nuanse. Court states its findings and conclusions. ORDERED: Supervised release REVOKED. ORDERED: Defendant shall be imprisoned for 5 months. Court RECOMMENDS that defendant receive credit for time spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 20 months. ORDERED: Conditions of Supervised Release that: (X) 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. (X) Defendant shall not commit another federal, state or local crime. (X) Defendant shall not illegally possess controlled substances. (X) Defendant shall not possess a firearm or destructive device. (X) Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission. (X) Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and at least two periodic drug tests thereafter for use of a controlled substance. (X) Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer. (X) Defendant shall register as a sex offender in any state where the defendant resides, is employed, carries on a vocation or is a student. (X) Defendant shall not leave the judicial district without permission of the Court or probation officer. (X) Defendant shall report to the probation officer as directed by the Court or probation officer and shall submit a truthful and complete written report within the first five days of each month. (X) Defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. (X) Defendant shall support his dependents and meet other family responsibilities. (X) Defendant shall work regularly at a lawful occupation unless excused by

Case 1:01-cr-00238-WDM

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(X)

the probation officer for schooling, training or other acceptable reasons. Defendant shall notify the probation officer at least ten days prior to any change of residence or employment.

Page Three 01-CR-00238-WDM (X) Defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, accept as prescribed by a physician. Defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. Defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer. Defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer. Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. Defendant shall not enter into any agreement to act as an informer or special agent of a law enforcement agency without the permission of the Court. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant' criminal record or s personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant' compliance with s such notification requirement. Defendant shall provide the probation officer with access to any requested financial information.

(X) (X)

(X)

(X) (X)

(X)

(X)

ORDERED: Special Condition of Supervised Release that: (X) Defendant shall participate in an approved program of sex offender evaluation and treatment, which may include polygraph and plethysmograph examinations, directed by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. (X) Defendant shall not access any Internet sites that contain child pornography, i.e. sexually explicit material depicting minors. The defendant shall not communicate via computer, or otherwise, with any person that defendant has reason to believe is a minor concerning anything relating to child pornography or sexually activity involving

Case 1:01-cr-00238-WDM

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(X)

minors. Defendant shall allow the probation officer to make periodic, unannounced examinations at any reasonable time to any computer of Internet access device used by him, except a computer owned by the defendant' employer and not located at the defendant' residence. s s Defendant shall, upon demand, immediately provide the probation officer with any

Page Four 01-CR-00238-WDM password required to access date or programs on such computers or devices and shall allow the probation officer to copy information which the probation officer believes may be evidence of a law violation or a technical violation of a condition of supervised release. The defendant shall allow the probation officer to install site-blocking software deemed appropriate by the probation officer on any computer used by him, except a computer owned by his employer and not located at the defendant' residence. The defendant shall not attempt to remove s or otherwise defeat the site-blocking system installed by the probation officer. Defendant shall not have any unsupervised contact with any person under the age of 18. 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. The defendant will be required to pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall notify the probation officer of all computers and/or other Internet access devices to which the defendant has access. The defendant shall allow the probation officer to make unannounced examinations of the date stored on the defendant' personal computer(s) s and other Internet devices, and collected by such system(s) at any reasonable time and copy data which the probation officer believes may be evidence of a law violation or a technical violation of a conditions of supervision. The defendant shall remain medication compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as required by his treating psychiatrist and/or his supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained. Defendant shall be placed on home detention for a period of six months, to commence as directed by the probation officer, upon release from

(X)

(X) (X)

(X)

(X)

(X)

Case 1:01-cr-00238-WDM

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imprisonment. During this time, the defendant shall remain at his place of residence except for employment and other activities approved in advance by the probation officer. The defendant shall maintain a telephone at his place of residence without any special services, modems, answering machines, or cordless telephones for the above period. The defendant shall wear an electronic device and shall observe the rules specified by the Probation Department. The defendant will be required to pay the cost of electronic monitoring as directed by the probation officer.

Page Five May 10, 2006 (X) Defendant shall ingest Dept-Provera if not medically contraindicated.

ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. 11:45 a.m. COURT IN RECESS

Total in court time: 35 minutes Hearing concluded