Free Sealed Document - District Court of Colorado - Colorado

Case 1:00-cr-00235-LTB
PROB 12 (02/05-D/CO)

Document 261

Filed 04/04/2008

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. JAIME GONZALES-HERRERA Docket Number: 00-cr-00235-LTB-03

Petition for Issuance of Arrest Warrant Due to Violation of Supervised Release COMES NOW, Andrea L. Bell, probation officer of the court, presenting an official report upon the conduct and attitude of Jaime Gonzales-Herrera who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 13th day of April, 2001, who fixed the period of supervision at five (5) 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.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: 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 4th day of April, 2008, 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/ Andrea L. Bell Andrea L. Bell U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock U.S. District Judge Place: Denver, Colorado Date: April 2, 2008

Case 1:00-cr-00235-LTB

Document 261

Filed 04/04/2008

Page 2 of 3

ATTACHMENT

On April 13, 2001, April 21, 2005, March 16, 2007, and November 29, 2007, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions has 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 April 18, 2005. The defendant has committed the following violations of supervised release: 1. VIOLATION OF THE LAW:

On or about November 16, 2007, the defendant committed the offense, Distribution of a Schedule II Controlled Substance, One Kilogram or More, in violation of C.R.S. 18-18-405(1), (2)(a)(I)(A), and (3)(a)(III). Under Colorado statute, this is a Class 3 felony, which, pursuant to U.S.S.G. § 7B1.1(a)(1), constitutes a Grade A violation of supervised release. This charge is based on the following facts: On November 16, 2007, the defendant was arrested following his sale of one kilogram of cocaine to an undercover agent for $18,500. The defendant was accompanied at this transaction by his source of the cocaine, Rafael Cardona-Flores. Both parties were arrested; however, the defendant was released after being debriefed. On November 29, 2007, the defendant was charged in Jefferson County District Court, Docket No. 2007-CR-3356, with Distribution of a Schedule II Controlled Substance, One Kilogram or More, a Class 3 felony. The defendant was released on bond pending disposition of this matter. He is scheduled to appear for arraignment on May 12, 2008. On November 29, 2007, the defendant met with this officer and acknowledged his arrest on November 16, 2007, following his attempt to sell one (1) kilogram of cocaine for $18,500. The defendant denied being the owner of the cocaine; however, acknowledged having negotiated the transaction. The defendant advised he did not have the money to purchase the cocaine outright; therefore, his source accompanied him to the transaction. 2. POSSESSION AND USE OF CONTROLLED SUBSTANCE:

On or about September 10, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On September 10, 2007, the defendant provided a urine specimen at Correctional Management, Inc. (CMI) which tested positive for cocaine. When confronted about the positive result on September 27, 2007, the defendant admitted having a "finger taste" of cocaine in a hotel room with co-workers on September 7, 2007. The defendant executed a Report of Positive Urinalysis form, checking the box stating, "I deny illegal use of a prohibited substance as indicated by the above-reported urine test result." He gave the following written statement: "I know I'm not using cocaine, but I acknowledge that I tasted it by mouth on 9-07-07." According to the defendant, the use of cocaine is different from tasting cocaine.

Case 1:00-cr-00235-LTB

Document 261

Filed 04/04/2008

Page 3 of 3

3.

FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On or about May 13, 2007, August 30, 2007, September 8, 2007, December 23, 2007, February 16, 2008, and March 22, 2008, the defendant failed to provide a urine specimen at the testing and treatment programs in which the probation officer had directed him to participate, which constitutes a Grade C violation of supervised release. This petition is based on the following facts: On October 1, 2006, the defendant was directed by the probation office to begin submitting to urinalysis at CMI. On January 24, 2008, the defendant was directed by the probation office to begin submitting to urinalysis at LCTC, a change made at the defendant's request. The Probation Office received written notification from CMI that the defendant failed to provide random urine specimens on May 13, 2007, August 30, 2007, September 8, 2007, and December 23, 2007. The Probation Office received written notification from LCTC that the defendant failed to provide random urine specimens on February 16, 2008, and March 22, 2008. On May 14, 2007, the defendant admitted failing to submit to urinalysis on May 13, 2007, because he was on a picnic in the mountains with his family. On September 6, 2007, the defendant admitted failing to submit to urinalysis on August 30, 2007, stating, "I thought I'd given two this month." The defendant stated he did not anticipate his urine group would be called again that month. On September 8, 2007, the defendant admitted failing to submit to urinalysis that date, stating he had arrived at the treatment agency after closing. On January 7, 2008, the defendant was confronted about his missed urinalysis on December 23, 2007. He acknowledged being aware of this requirement, but advised he was putting his job at risk to leave work to provide the specimen. On January 25, 2008, the probation officer authorized a change in services to permit urinalysis at LCTC, located at 236 Main in Longmont, Colorado, which is near the defendant's home. This change was authorized to make urinalysis more convenient to the defendant's living and employment situation. On February 19, 2008, the defendant was confronted about his missed urinalysis on February 16, 2008. The defendant advised Supervising U.S. Probation Officer Christopher Perez that he must have forgotten to call in. On March 24, 2008, the defendant admitted failing to submit to urinalysis on March 22, 2008. The defendant provided no excuse other than he did not get up on time.