Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:00-cr-00016-RPM
PROB12 (02/05-0/00)

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UNITED STATESDISTRICTCOURT FORTHE DISTRICTOF COLORADO
1:

S. A. vs. SAMUEL ROBINSON

Docket Number: OO-cr-OOO 16-RPM-O 1

Petition For Issuance of Summons Due to Violations of Supervised Release COMES NOW, Michael Wilson, probation officer of the court, presenting an official report upon the conduct and attitude of San1uel Robinson who was placed on supervision by the Honorable Richard P. Matsch sitting in the court at Denver, Colorado, on the 2nd day of February, 2001, who fIXed the period of supervisionat three (3) years and imposedthe general terms and conditions theretofore adopted by the Court and also imposed special conditions and terms as follows: The defendantshall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is releasedfrom the program by the probation officer. The defendantwill be required to pay the cost of treatment as directed by the probation officer. The court authorizesthe probation officer to releasepsychological reports and/or the presentence report to the treatment agency for continuity of treatment. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS Seeattachmenthereto and herein incorporated by reference PRAYING THAT THE COURT WILL ORDER the issuanceof a summonsrequiring the defendantto appearat a supervisedreleaserevocation hearing. ORDER OF THE COURT

Considered ordered -~~~ day of and this December, 2007,andordered filed andmadea partof therecordin the abovecase.

r-

I declare underpenaltyof perjurythat theforegoing is trueandcorrect.
""'U'1:::::::~~~~:::~:::::5::::: ~!
-

"
Richard)'. Matsch SeniorDistrict Judge

MichaelWilson U.S.Probation Officer Place:Denver,Colorado Date:December 19,2007

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ATTACHMENT
On February2, 2001, andApril 7, 2005,the conditionsof supervised release were readand explainedto the defendant. thosedates,he acknowledged writing that the conditionshad On in beenreadto him, that he fully understood conditions,andthat he hadbeenprovided a copy of the them. The term of supervised release commenced April 20, 2005. FAILURE TO NOTIFY THE PROBATION OFFICER AT LEAST TEN DAYS PRIOR TO ANY CHANGE OF RESIDENCE: On April 20, 2005,the defendant falselyclaimeda homeresidence.More recently,on October26, 2007,the defendant movedfrom his verified address failed to disclosehis new but address until October29, 2007. On or aboutNovember9, 2007,the defendant againchanged his residence without disclosingthe fact until November28, 2007. Eachinstanceconstitutesa GradeC violation of supervised release. This chargeis basedon the following facts: The defendant well awareof the standard is conditionrequiringthat he report changes his in residence prior to anymove. On April 7, 2005,andJuly 27, 2007,he was instructedregarding his duty to report residence changes. During a personalcontactwith the undersigned April 20, 2005,the defendant falsely claimeda homeresidence with Ms. EmmaTate,the grandmother his girlfriend. On April 26, 2005,the of defendantadmittedthat beginningApril 22, 2005,he had beenstayingat a motel with Jennifer Styles,a woman from California. The defendant wasremindedthat the probationofficer must alwaysknow wherehe is living. On October26, 2007,the defendant was served with a temporaryprotectionorderwhich required him to vacatehis residence.While engaging with the Aurora police officers who were serving him the order,the defendant feigneda telephone to the undersigned; actualconversation call no took place andno message left. The defendant's was whereabouts became unknownandhe did not report his residence change until October29, 2007. At that time, he provided an address of 4369 SouthQuebecStreet,Unit 6334,Denver,Colorado. On November16, 2007, andNovember28,2008, the undersigned attempted contactthe to defendantat the 4369 SouthQuebecStreethomeaddress had reportedon October29, 2007. he On November27, 2007,it was detennined that the defendant longerlived at this address. no Later that day, I locatedthe defendant 1050SouthQuebecStreet,Unit 13,Denver,Colorado. at At that time, it was learnedthat this washis new address.He saidhe had movedto this location "about a week ago." When askedwhy he hadnot reportedthis address earlier,the defendantsaid he had "no excuse." On November29, 2007,his new roommatewas contacted.The roommate saidthat the defendant movedinto her homesoonafter October31, 2007. The defendant reportedtwo homeaddresses his October2007 monthly report form, but did on

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not specifyin which homehe was living. The form wasthe first indication of his changein residence wasreceivedat the probationoffice November20, 2007,approximatelytwo weeks and after his last move.

2.

FAILURE TO NOTIFY THE PROBATION OFFICER AT LEAST TEN DAYS PRIOR TO ANY CHANGE OF EMPLOYMENT:

On January31, 2007, without prior notice,the defendant disclosedthat he had quit his job at White Moving and Storage previousday. More recently,on November 14,2007,the the defendant was suspended from Veolia Transportation fired soonthereafter. The defendant and failed to disclosethis changein employmentuntil November28, 2007. Both instances constitute GradeC violations of supervised release. This chargeis basedon the following facts: The defendant well awareof the standard is conditionrequiringthat he report changes his in employment promptly. On July 20, 2006, September 2007, and October 16,2007,he was 14, remindedof his duty to report employmentchanges. On November28, 2007, when discovered his new address, defendant at the was askedto provide an employment update. He then disclosedthat he had beensuspended from Veolia Transportation had not worked sinceNovember22, 2007, six daysprior. According to the and Veolia Safetyand Training manager, defendant the was suspended November14, 2007.This on adverse actioncameafter the defendant showedhis cellular telephone(which had a visual displayscreen depictingthe defendant posingnude)to otheremployees. As verified, the defendant beganhis job at White Moving and Storageon January 2007,and 26, resigned January31, 2007. The defendant terminated this employmentwithout first speaking with the probationofficer.

3.

FAILURE TO NOTIFY THE PROBATION OFFICER WITHIN SEVENTY TWO HOURS OF BEING ARRESTED OR OUESTIONED BY A LAW ENFORCEMENT OFFICER:

The defendant was subjectto a motor vehicle stopby a ColoradoStatePatrol officer October2t 2006. The defendant not disclosethis law enforcement did contactuntil October23t 2006twhich constitutesa GradeC violation of supervised release. This chargeis basedon the following facts The defendant well awareof the standard is conditionrequiring that he report police questioning or contact. On May 19,2006, and May 26, 2006,he wasremindedof his duty to report law enforcement contact. On September 2006,threeweeksprior to the speeding 7, ticket, the defendant was askedif he had any police contact. This had becomea routine questiongiventhe numberof police contactsexperienced the defendant. by

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On October2, 2006,the probationoffice receiveda teletypefrom the ColoradoStatePatrol reportingthat the defendant had beenissueda citation for driving 99 miles per hour in a 75 miles per hour zone. The defendant not disclosethis contactuntil promptedon October23,2006, did whenhe requested travel permissionto visit family in Texas.

4.

FAILURE TO WORK REGULARLY AT A LAWFUL OCCUPATION:

From the onsetof supervisionon April 20, 2005,to the present,the defendant failed to work has regularlyat a lawful occupation. This constitutes GradeC violation of supervised a release. This chargeis basedon the following facts: The defendant well awareof the standard is conditionrequiring that he work regularly at a lawful occupation unlessexcused the probationofficer. This was clear to the defendant by basedupon his voluminouscontactswith the probationofficer regardingthis specific issue. The defendant understood he was excusedfrom this andmost otherreportingconditionsfrom July 29, that 2005,whenhe was involved in a motorcycleaccident,until May 6, 2006, when he was discharged from a rehabilitationfacility. The defendant's numerous employment-related issues werealreadyapparent the time of the July15, 2005,compliancereview hearing. by The defendantts employmenthistory sincethe onsetof supervisionis as follows: April 20, 2005 The defendant beginssupervisionuponhis community correctionsfacility discharge and is working asan independent subcontractor a limousine for companyacross streetfrom the facility. the Without prior notice,defendant workedwith his half brotherteachingor demonstrating fighting skills to DenverPublic Schoolsecurityofficers. Defendanttold to discontinuethis basedupon third party risk concerns. Quitsjob at limousinecompanywithout probationofficer notice, Beginsemploymentwith HoustonHolley d/b/a ThermalMechanical Solutionsinvolving in-homeappliancerepair. On June 1,2005, the defendant saidhe would work only part time for Mr. Holley. On June2, 2005, Mr. Holley saidany future work would be minimal. Subsequently, the defendant claimedno work with Mr. Holley. Defendantreportsbeinghired off the booksby All AmericanMoving. This could not be verified. Beginsemploymentat White Moving and Storage. Defendantin motorcycleaccidentandremainsin hospitalthrough August 2005 whenhe is transferred SpaldingRehabilitationCenterin to

Apri/25, 2005

May9. 2005
May 18,2005

May 26, 2005

June 1, 2005

July 29, 2005

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Aurora. Subsequently transferred DenverNorth CareFacility for to continuedrehabilitationandperiodic communitypasses.Discharged from facility to homeof companionKarenBacaon May 6, 2006. January24, 2007 Defendantreceivesmedicalclearance resumeemployment. Doctor to declares completerecovery. a Defendantresumes employment with White Moving and Storage. Without noticeto probation,the defendant quits White Moving and Storage. According to defendant, beginswork astelemarketer CraftMatic beds for in Aurora. According to defendant, go by CraftMatic for lack of production. let Beginswork in EI PasoCounty with Tate Masonry of Denver. Defendant documents incomeby attachingthe actualpaychecks this which are handwrittenmarked"paid" but neverclearedby a bank. Tate Masonryjob endsdueto disputebetweenowners. It is later revealed that this employeris relatedto the Tate family mentionedin ChargeI of this attachment. Defendantbeginswork with Highline Metals in Aurora. Employmentendswith Highline Metals for excessive absenteeism. Beginsnewjob asa cook/dishwasher Marriot Hotel at Employmentendsat Marriot Hotel. Beginswork asfront deskclerk at La Quinta Inn in Denver. Defendantquits La Quinta Inn. Beginswork at Associated Dealersplumbing supply wholesaler.

January26, 2007 January31,2007

February2, 2007

February 19, 2007 March 2, 2007

Apri/2, 2007

April 17, 2007 June 7, 2007 June27,2007 July 23, 2007 July 26, 2007
August J3. 2007

August16, 2007

Dealers. September 24,2007 Let go by Associated October22, 2007 Beginsas RTD subcontracted driver traineeat Veolia Transportation. bus

November14, 2007 Defendantsuspended Veolia Transportation; by employmentternlinated November 16,2007. December 2007 6, Reportsopportunityto resumework with Tate Masomy.

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5.

FAILURE TO - - FOLLOW THE INSTRUCTIONS OF THE PROBATION OFFICER:
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On June21, 2005, December16,2005,May 19,2006,andAugust 1,2006, the defendant was instructedto end his association with the Hells Loversmotorcycleclub. On June 17, 2007,the defendantattended meetingof the Hells Lovers andon September 2007,the undersigned a 14, observed defendant'sHells Loversleathervest in plain view in the defendant's the kitchen during an unannounced homecontact. The defendant's failure to follow instructionsconstitutes a GradeC violation of supervised release. This chargeis basedon the following facts: On June21,2005, during a probationoffice appointment, defendant the disclosedthat he had beenofferedmembership the Hells Loversmotorcycleclub. He explainedthat a "war" with to the Hells Angels motorcycleclub was anticipatedlater that summer. He was told to endhis contactwith the motorcycleclub. On December16,2005, the defendant was againtold to stop his association with the Hells Loversclub. On December 2005, a DenverNorth 28, RehabilitationCenterstaff membertold the undersigned a week or two earlierthe defendant that was distributing Hells Lovers flyers announcing party. On January30, 2006,the defendant a advisedthat he had quit the club andturnedin his "patches." On February27, 2006,the defendantacknowledged himself that somemembers may be involved in criminal activities. The defendantsaidthat his club monikerwas "Outlaw." The defendant saidthat because club has the so much of his personalinfonnation, he felt he could not safelyextricatehimself. In May 2006, the defendantspokeof tentativeplansfor him to be marriedto KarenBacain the Hells Lovers club house. He was againtold he could not associate with club members.On July 20, 2006,the defendant told me that he had obtainedpermissionfrom the nationalclub presidentto hold his membership club participationin abeyance and during his term of supervised release.On September 2006, the defendant 7, statedthat he hadturnedin his "colors" andwas no longer a club member. Contraryto the aboveinfomlation, the defendant wasphotographed June16,2007,wearinghis Hells Lovers club vest at a club housegathering. Further,during an unannounced homecontact on September 14,2007, the defendant's Hells Lovers leathervestwas in plain view in his kitchen drapedover a chair.