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

Case 1:01-cr-00100-EWN

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Filed 05/05/2006

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IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE EDWARD W. NOTTINGHAM

Ty Anderson, Deputy Clerk Therese Lindblom, Court Reporter Criminal Action No. 01-cr-00100-EWN-1 Parties: UNITED STATES OF AMERICA, Plaintiff, v. BURNEST JOHNSON, Defendant.

Date: May 5, 2006

Counsel: Tim Neff

Susan Fisch Probation: Gary Phillips

COURTROOM MINUTES

HEARING - Violation of Supervised Release 2:51 p.m. Court in session.

Appearances of counsel. Defense informs the court that Defendant admits the allegations. Mitigation statement by Ms. Fisch. Statement by defendant. Statement by Mr. Neff. Court' findings. s ORDERED: 1. Supervised release is revoked due to the violation of the terms and conditions thereof. Defendant is imprisoned for a term of 8 months.

ORDERED:

2.

The court recommends Federal Correctional Institute at Englewood, Colorado as the place of

Case 1:01-cr-00100-EWN Courtroom Minutes Judge Edward W. Nottingham Page 2

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incarceration. ORDERED: 1. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 28 months. Within seventy-two hours of his release from the custody of the Bureau of Prisons, Defendant will report in person to the probation office in the district in which he is released. Conditions of supervised release are: a. Defendant is to observe all of the standard conditions of supervised release. Defendant is not to possess any firearm, destructive device or any other dangerous weapon as defined by federal or state statute. Defendant is not to illegally possess or use controlled substances. Defendant is to submit to one drug test within 15 days of his release and two other periodic tests, as directed by the probation officer. Defendant is not to commit a federal, state, or local crime. Defendant shall pay balance of restitution owing, according to the same schedule and conditions that were imposed in the original judgment in this case. The restitution owing will be fully satisfied no later than the date on which Defendant' term s of supervised release expires. Defendant will not have to pay interest upon the Court' finding that Defendant does not have s the ability to pay interest. Defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until such time as Defendant is released from the program by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant shall be required to pay the costs of treatment as directed by the probation officer. Defendant shall participate in a program for testing and

ORDERED: 2.

ORDERED: 3.

b.

c.

d.

e. f.

g.

h.

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treatment of alcohol abuse, as directed by the probation officer, until he is released from the program by the probation officer. He shall pay all costs associated with this program. i. Defendant shall participate in a program for mental health treatment, as directed by the probation officer, until he is released from that program by the probation officer. He shall pay all costs of such treatment. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment. 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 all periodic payment obligations imposed pursuant to the court' judgment and s sentence.

j.

Defendant is advised of right to appeal. ORDERED: 3. Probation shall prepare a judgment in accordance with the Court' ruling. s

Defendant is remanded to the custody of the U.S. Marshal for the District of Colorado. 3:06 p.m. Total time in court: Court in recess. 00:15