Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00068-WYD

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Filed 03/14/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. DAVID DAVENPORT Docket Number: 01-cr-00068-WYD-01 Petition on Supervised Release COMES NOW, Kristin A. Alvarez, probation officer of the court, presenting an official report upon the conduct and attitude of DAVID DAVENPORT who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 29th day of November, 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 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.

On June 7, 2005: the defendant' conditions of supervised release were modified to include a special condition requiring the s defendant to be placed on home detention for a period of up to two (2) months, to commence on a date as determined by the probation officer. 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.

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 issuance of a warrant for violations of supervised release and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 14th day of March, 2006, 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/ Kristin A. Alvarez Kristin A. Alvarez Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel United States District Judge Place: Colorado Springs, Colorado Date: March 10, 2006

Case 1:01-cr-00068-WYD

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ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Supervised Release signed by the defendant on April 22, 2003. His signature on this occasion acknowledged that the conditions had been read and explained to him, that he fully understood said condition, and that he was provided with a copy of them. The term of supervised release commenced April 18, 2003. The defendant has committed the following violations of supervised release: 2. VIOLATION OF THE LAW:

On or about June 24, 2004, the defendant committed the offense of Driving Under the Influence of Alcohol, in violation of C.R.S. 42-4-1301(1)(a). This is a misdemeanor offense, which constitutes a Grade B violation of supervised release. This charge is based on the following facts: On July 13, 2004, I notified the Court of the defendant' arrest for misdemeanor driving offenses that occurred s on June 24, 2004. At that time, no Court intervention was requested, as the charges under El Paso County Court Case 2004-T-10687, were pending. On July 15, 2004, you Honor concurred with this request. On April 15, 2005, the defendant pled guilty to Count One - Driving Under the Influence of Alcohol, in violation of C.R.S. 42-4-1301(1)(a), a misdemeanor; El Paso County Court Case 2004-T-10687. Counts two through Five of the Complaint were dismissed. Accordingly, on April 5, 2005, the defendant was sentenced to one year probation supervision, 96 hours of community service, and Level II Alcohol Education and Therapy. In addition, the defendant was ordered to pay $435.00 in fines and Costs. On June 7, 2005, in conjunction with other noncompliant behavior, the Court modified the defendant' s conditions of supervised release to include a condition requiring the defendant to be placed on home detention for a period of up to two months. This modification was requested in an attempt to provide the defendant with increased structure and monitoring in an effort to gain compliance. 3. FAILURE TO NOTIFY PROBATION OFFICER OF CHANGE IN EMPLOYMENT:

On or about April 22, 2005, the defendant was terminated from his employment at Goodwill Industries, 1070 Kelly Johnson Blvd., Colorado Springs, Colorado, and failed to notify the probation officer of the change10 days prior or immediately thereafter, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On April 27, 2005, I attempted to contact the defendant at his employment, to no avail. At that time, I spoke with the Manager of Goodwill Industries, Jan Reinhardt, who advised that the defendant was terminated from his position at Goodwill effective April 22, 2005. Ms. Reinhardt advised that on April 19, 2005, the defendant was observed, on video tape, stealing a computer monitor from the donation dock and placing the monitor in the trunk of his vehicle. On April 20, 2005, the defendant was advised by Ms. Reinhardt that he would be placed on a two day temporary suspension while she investigated the theft. Ms. Reinhardt advised the defendant to return to work on April 22, 2005.

Case 1:01-cr-00068-WYD

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Filed 03/14/2006

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On April 22, 2005, the defendant failed to report for work or contact his employer and was subsequently terminated. As of April 29, 2005, the defendant failed to notify the probation officer of the change in his employment status. On April 29, 2006, I sent the defendant an appointment notice instructing him to report to the probation office on May 5, 2005. On May 5, 2005, the defendant reported to the probation office, per my instructions. At that time, the defendant admitted taking the computer monitor, but advised that the individual who donated the monitor told the defendant he could have it. At that time, I reminded the defendant that he was required to report any change in address or employment within 72 hours. On June 7, 2005, in conjunction with other noncompliant behavior, the Court modified the defendant' s conditions of supervised release to include a condition requiring the defendant to be placed on home detention for a period of up to two months. This modification was requested in an attempt to provide the defendant with increased structure and monitoring in an effort to gain compliance. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about December 17, 2003, the defendant used or administered a controlled substance, marijuana and cocaine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On December 22, 2003, I received notification from Pharmchem Laboratories that the urine specimen the defendant submitted on December 17, 2003, tested positive for marijuana and cocaine. On December 24, 2003, I met with the defendant at his residence and questioned him regarding his positive urine specimen. At that time, the defendant admitted using the illicit substances and stated that he " in the wrong was place at the wrong time." The defendant assured me that this was an isolated incident. On December 24, 2003, I notified the Court of the defendant' positive urinalysis, but requested no Court s intervention, as I had increased the defendant' treatment regimen. On December 30, 2003, the Court concurred s with my request. 5. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about October 31, 2005, the defendant used or administered a controlled substance, cocaine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 31, 2005, the defendant, who remained chronically unemployed, reported to the probation office and requested a transfer of his supervised release supervision from the District of Colorado to the Southern District of Alabama, where he would reside with his family. Additionally, the defendant was able to secure interviews with prospective employers and felt that Mobile, Alabama could offer him more by way of family support and employment opportunities.

Case 1:01-cr-00068-WYD

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Filed 03/14/2006

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That same date, travel arrangements were secured, the defendant' travel to Mobile, Alabama was approved and s a transfer of supervision was initiated and subsequently accepted. Prior to departing the probation office on October 31, 2005, the defendant submitted a random urine specimen. On February 17, 2006, it came to my attention that the urine specimen the defendant submitted on October 31, 2005, tested positive for the use of cocaine. The delay in receiving, and ultimately reporting, this positive urinalysis was an oversight on my part, as I did not review the automated chronological entry, subsequent to the defendant' departure. s On February 22, 2006, USPO Melissa Rankin, Southern District of Alabama, was notified of the positive urinalysis. As a result, USPO Rankin questioned the defendant regarding this positive urinalysis and the defendant admitted to ingesting cocaine prior to his departure from the District of Colorado. The defendant also advised USPO Rankin, in writing, that he used marijuana and cocaine subsequent to his arrival in Mobile, Alabama. Given such, the defendant was admonished for his use of illicit substances and enrolled in a local substance abuse treatment program. Based on the defendant' current enrollment in testing/treatment and his approaching expiration of supervised s release, I did not request any Court intervention. On February 26, 2006, I notified the Court of the defendant' s positive urinalysis and assured the Court that I would promptly request a warrant for the defendant' arrest, s should he continue to use illicit substances. 6. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 22, 2006, the defendant used or administered a controlled substance, marijuana, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 28, 2006, USPO Melissa Rankin, Southern District of Alabama, was notified that the urine specimen the defendant submitted on February 22, 2006, tested positive for marijuana. On or about March 9, 2006, the USPO Rankin discussed with the defendant his positive urinalysis submitted on February 22, 2006. At that time, the defendant admitted to smoking marijuana. On March 10, 2006, USPO Rankin contacted me by telephone and advised of the defendant' positive urinalysis s for marijuana, submitted on February 22, 2006. Given this additional positive urinalysis, I am requesting that the Court issue a warrant for the defendant' arrest, s so that the defendant can be held accountable for his ongoing noncompliance.