Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00229-EWN
PROB 12 (02/05-D/CO)

Document 72

Filed 04/25/2006

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Penny Marie Windsor Docket Number: 01-cr-00229-EWN Petition on Supervised Release COMES NOW, Jennifer Nuanes, probation officer of the court, presenting an official report upon the conduct and attitude of Penny Marie Windsor who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 18th day of May 2005, who fixed the period of supervision at two 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. 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 be placed on home detention for a period of six months, to commence within 21 days of sentencing. During this time, the defendant shall remain at her place of residence except for employment and other activities approved in advance by the probation officer. The defendant shall maintain a telephone at her place of residence without any special services, modems, answering machines, 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.

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On February 2, 2002, the defendant' special conditions of probation were modified to include participation in a program of s mental health treatment. On August 27, 2003, the defendant' special conditions of probation were modified to include participation in a program of s 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 remain medication compliant and shall take all psychotropic medications that are prescribed by her treating psychiatrists. The defendant shall cooperate with random blood tests as requested by her treating psychiatrist and/or her supervision probation officer to ensure that a therapeutic level of her prescribed medications is maintained. On April 12, 2004, the defendant' special conditions were modified to include that the defendant reside in a community s corrections center for a period of up to six months to commence at the direction of the probation department, and to observe the rules of that facility.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein 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.

Case 1:01-cr-00229-EWN
PROB 12 (02/05-D/CO)

Document 72

Filed 04/25/2006

Page 2 of 4

ORDER OF THE COURT Considered and ordered this 25th day of April, 2005, 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/Jennifer Nuanes Jennifer Nuanes Senior Probation Officer s/ Edward W. Nottingham Edward W. Nottingham United States District Judge Place: Denver, Colorado Date: April 24, 2006

Case 1:01-cr-00229-EWN
PROB 12 (02/05-D/CO)

Document 72

Filed 04/25/2006

Page 3 of 4

ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the original conditions of supervised release signed by the defendant on September 29, 2005. Her signature on this occasion acknowledged that the conditions had been read and explained to her, that she fully understood said conditions, and that she was provided with a copy of same. The defendant's term of supervised release commenced on September 26, 2005. The defendant has committed the following violations of supervised release:

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POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about April 10, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 10, 2006, the defendant reported to the probation office for a scheduled meeting to address her un accountability in the community. During this meeting, the defendant was instructed to submit a urine specimen. On April 14, 2006, the Probation Department was notified by the laboratory located in the District of New Mexico that the urine specimen submitted by the defendant was positive for cocaine. At the time of this report, the nanogram level was not available. 2. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On April 11, 2006, the defendant failed to report to her group therapy session at Addiction Research and Treatment Services (ARTS), which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 11, 2006, the Probation Department received notice from ARTS that defendant failed to attend her group counseling session on that same day. Defendant called her therapist at 5:00 p.m. on April 11, 2006, and reported she would be unable to attend due to physical illness. 3. FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On April 18, 2006, the defendant failed to submit a random urine specimen at ARTS, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 18, 2006, the defendant failed to submit a random urine specimen as required by the treatment agency. 4. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On April 18, 2006, the defendant failed to report to her group therapy session at ARTS, which constitutes a Grade C violation of supervised release. This charge is based on the following facts:

Case 1:01-cr-00229-EWN
PROB 12 (02/05-D/CO)

Document 72

Filed 04/25/2006

Page 4 of 4

On April 18, 2006, the Probation Department received notice from ARTS that defendant failed to attend her group counseling session on that same day. 5. FAILURE TO FOLLOW INSTRUCTIONS OF THE PROBATION OFFICER:

On April 20, 2006, the defendant was instructed by Senior United States Probation Officer Jennifer Nuanes to report to the Probation Department on April 24, 2006, at 9:00 a.m. The defendant failed to follow this instruction, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 20, 2006, at 8:10 a.m., the defendant left a voice mail message stating she has been sick, therefore, unable to attend therapy sessions and submit random urine specimens. The defendant stated she did not have a direct contact number but stated I could leave a message for her at her grandmother' residence with instructions. On April 20, 2006, at 10:05 s a.m., I spoke to the defendant' grandmother who confirmed the defendant has not been staying at home and expressed great s concern about the defendant' well being. At the conclusion of this telephone call, I asked the defendant' grandmother to s s leave a message for the defendant instructing her to report to the Probation Department on Monday, April 24, 2006, at 9:00 a.m.