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

Case 1:01-cr-00100-EWN
PROB 12 (02/05-D/CO)

Document 69

Filed 02/26/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. BURNEST JOHNSON Docket Number: 01-cr-00100-EWN-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Gary W. Phillips, probation officer of the court, presenting an official report upon the conduct and attitude of Burnest Johnson who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, Colorado, on the 25th day of October, 2001, 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 he is in compliance with the periodic payment obligations imposed pursuant to the court' judgment and sentence. s 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 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.

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On August 9, 2004, the defendant' conditions were modified to include placement in a community s corrections center. On February 25, 2005, the defendant' conditions were modified to include mental health treatment. s On May 5, 2006, the defendant' three-year term of supervised release was revoked and he was sentenced s to eight (8) months imprisonment to be followed by a 28-month term of supervised release. The defendant' second term of supervised release commenced on November 24, 2006. s

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.

Case 1:01-cr-00100-EWN
PROB 12 (02/05-D/CO)

Document 69

Filed 02/26/2007

Page 2 of 3

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 reside in a Residential Reentry Center (RRC) for a period up to four (4) months, to commence upon bed space availability. The defendant shall observe the rules of that facility.

ORDER OF THE COURT Considered and ordered this 26th day of February, 2007, 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 U.S. Probation Officer s/ Edward W. Nottingham Edward W. Nottingham United States District Judge Place: Denver, Colorado Date: February 21, 2007

Case 1:01-cr-00100-EWN

Document 69

Filed 02/26/2007

Page 3 of 3

ATTACHMENT On November 27, 2006, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release commenced on November 26, 2006. The reasons for the proposed modification are as follows: On November 24, 2006, the defendant' second term of supervised release commenced. As noted s in a report to the court, dated February 15, 2007, the defendant provided a urine sample at Correctional Management, Incorporated (CMI), on February 3, 2007, that tested positive for cocaine. Additionally, the defendant failed to provide a random urine specimen on December 23, December 31, 2006, January 6, January 14, January 27, and February 17, 2007, and failed to attend one dual diagnosis counseling session on January 23, 2007. On February 15, 2007, I confronted the defendant about his positive drug test and he said that he snorted cocaine on one occasion. At this time, I asked the defendant if he needed placement in a Residential Reentry Center (RRC), based on his non-compliance and him being evicted from his apartment on February 6, 2007. The defendant declined placement at a RRC because he said that the inclement weather was improving which would allow him to work steadily and secure another residence. On February 20, 2007, the defendant called my office and left a message requesting placement in a RRC. On February 21, 2007, I met with the defendant who again requested placement in a RRC stating his current living arrangement was not working out. The defendant reported that placement at a RRC would allow him to get his life back on track. Based on the aforementioned, the Probation Department believes that the defendant could benefit from the added structure and monitoring, which can be provided through placement in a RRC. On February 21, 2007, defendant and his attorney executed a form entitled " Waiver of Hearing to Modify Conditions of Supervised Release"which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. Assistant U.S. Attorney Timothy Neff has been consulted and has no objection to the proposed modification.