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

Case 1:00-cr-00245-DBS

Document 53

Filed 05/04/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE DANIEL B. SPARR SUPERVISED RELEASE VIOLATION MINUTES
Bernique Abiakam, Deputy Clerk Darlene Martinez, Court Reporter Criminal Action No. 00-CR-00245-DBS Parties: UNITED STATES OF AMERICA, Plaintiff, v. ANDRE LOPEZ-BAKER, Defendant. Interpreter: n/a Probation Officer: Michael Wilson Randy Scott Reisch Counsel: Jim Boma Date: May 4, 2006

1:33 p.m.

Court in Session

Court calls case. Appearances of counsel. Defendant present in custody. Preliminary remarks by the Court. Defendant admits to violations 1 through 10 contained in the Petition of Supervised Release. 1:49 p.m. 1:52 p.m. 2:05 p.m. 2:14 p.m. 2:20 p.m. 2:28 p.m. Statement by Mr. Boma. Statement by Mr. Reisch. Comments by the Court. Statement by Defendant. Comments by the Court and Probation Officer. Statement by Mr. Bernie Baker, father of defendant. Statement by Ms. Lucy Lopez, mother of defendant. Further statements by Mr. Reisch and Mr. Boma.

Case 1:00-cr-00245-DBS
00-cr-00245-DBS Supervised Release Violation Hearing May 4, 2006

Document 53

Filed 05/04/2006

Page 2 of 3

Findings and conclusions by the Court: ORDERED: 1. ORDERED: 2. Supervised Release is revoked. Defendant is imprisoned for 12 months. Defendant will receive credit pursuant to the Bureau of Prisons rules and they will determine the appropriate credit for time served. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 4 years. 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. Conditions of supervised release are: a. Defendant shall not commit another federal, state or local crime; Defendant shall not illegally possess controlled substances; Defendant shall not possess a firearm or destructive device; Defendant shall comply with the standard conditions as adopted by this Court; Defendant shall refrain from the unlawful use of a controlled substances and submit to one drug test within 15 days of release on supervised release and at least two periodic tests thereafter for use of a controlled substance; Defendant shall resolve the matters of any outstanding warrants that exist for him;

ORDERED: 3.

ORDERED: 4.

ORDERED: 5.

b.

c.

d.

e.

f.

Special Conditions: a. Defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer. Defendant shall abstain 2

Case 1:00-cr-00245-DBS
00-cr-00245-DBS Supervised Release Violation Hearing May 4, 2006

Document 53

Filed 05/04/2006

Page 3 of 3

from the use of alcohol or other intoxicants during the course of treatment. Defendant will pay cost of treatment, if able to do so, as directed by the probation department; b. 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. Defendant will pay the cost of treatment, if able to do so, as directed by the probation officer. The Court authorizes the probation department to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment; Defendant will remain compliant with all medications that are currently prescribed by his treating physician. The medications now prescribed will be passed on to the Marshal's Service to be taken into consideration by the Bureau of Prisons;

c.

ORDERED: 6.

Defendant is remanded to the custody of the U. S. Marshal for the District of Colorado.

2:55 p.m. Court in Recess Hearing concluded. Total time in court: 1 hour 18 minutes

3