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

Case 1:00-cr-00201-WYD

Document 55

Filed 08/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: August 2, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob./Pret.: Interpreter: Patrick J. Lynch N/A

___________________________________________________________________________ Criminal Case No. 00-cr-00201-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. CHRISTOPHER CARLYLE, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ SUPERVISED RELEASE VIOLATION HEARING 4:13 p.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court's opening remarks. 4:13 p.m. 4:14 p.m. 4:17 p.m. 4:18 p.m. 4:21 p.m. Statement on behalf of Government (Ms. Taylor). Statement on behalf of Defendant (Ms. Yunker). Statement on behalf of Government (Ms. Taylor). Statement by Defendant on his own behalf (Mr. Carlyle). Statement on behalf of Probation (Mr. Lynch). Janine Yunker Counsel: Brenda K. Taylor

Case 1:00-cr-00201-WYD

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Filed 08/02/2007

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Judge Wiley Y. Daniel 00-cr-00201-WYD - Courtroom Minutes 4:22 p.m. Statement by Defendant on his own behalf (Mr. Carlyle). Court makes findings and finds that defendant has violated conditions of supervised release. ORDERED: ORDERED: Supervised release is REVOKED. Defendant be imprisoned for 8 months.

Court RECOMMENDS that the Bureau of Prisons credit defendant for 56 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 28 months. Conditions of Supervised Release are: 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. 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. The Court will waive the mandatory drug testing provisions of 18 U.S.C. § 3583(d), because the presentence report indicates a low risk of future substance abuse by the defendant. Special Condition(s) of Supervised Release are: The defendant shall register as a sex offender in any jurisdiction where the defendant resides, is employed, carries on a vocation, or is a student, as directed by the probation officer. In addition, the Adam Walsh Child Protection and Safety Act provides that for initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence.

ORDERED: (X)

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ORDERED: (X)

Case 1:00-cr-00201-WYD

Document 55

Filed 08/02/2007

Page 3 of 3

Judge Wiley Y. Daniel 00-cr-00201-WYD - Courtroom Minutes (X) 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. The defendant shall participate in an approved program of sex offender evaluation and treatment which may include polygraph, plethysmograph, and Abel examinations as directed by the probation officer. The defendant will be required to pay the cost of these evaluations and treatment. The defendant shall comply with the rules and restrictions specified by the treatment agency. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall not possess or use a computer with access to, or use any other access to, any online computer service at any location without permission from the Probation Department, including any Internet service provider, bulletin board service, private or public computer network. The defendant shall remain medication compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained. Upon release from prison, the defendant shall reside in a community corrections center for a period of 6 months and shall observe the rules of that facility. Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis. Court's closing remarks to defendant. ORDERED: 4:32 p.m. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

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(X)

ORDERED:

TOTAL TIME: 0:21