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

Case 1:00-cr-00130-LTB

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Filed 11/14/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Stephen M. Munce Docket Number: 00-cr-00130-LTB Petition on Supervised Release COMES NOW, Jennifer Nuanes, probation officer of the court, presenting an official report upon the conduct and attitude of Stephen M. Munce who was placed on supervision by the Honorable Chief Judge Lewis T. Babcock sitting in the court at Denver, Colorado, on the 8th day of August, 2000, who fixed the period of supervision at three 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 and alcohol 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. 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 not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless he is in compliance with the periodic payment obligations imposed pursuant to the court' s judgment and sentence. The defendant shall pay $7,145 restitution to the victims named in the Judgment Order. The defendant shall pay restitution on an installment schedule to be determined by the probation officer, but in no event less than $150 per month. Interest on unpaid restitution is waived. The Clerk of the Court shall distribute funds to the victim, proportionate to their losses, once the balance in the restitution account reached $1,000.

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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 modification of the defendant' conditions of supervised release to s include a special condition requiring the defendant to reside in a residential reentry center for a period of up to 120 days, to commence on November 17, 2006, and follow the rules of the facility. The defendant may be released early if deemed appropriate by the probation officer. ORDER OF THE COURT Considered and ordered this 14th day of November 2006, and ordered filed 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/Jennifer Nuanes Jennifer Nuanes Senior United States Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief United States District Judge Place: Denver, Colorado Date: November 9, 2006

Case 1:00-cr-00130-LTB

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Filed 11/14/2006

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ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the original conditions of supervised release signed by the defendant on August 8, 2000, and again on May 17, 2004. His signature on these occasions acknowledged that the conditions had been read and explained to him, that he fully understood said conditions, and that he was provided with a copy of same. The defendant's term of supervised release commenced on May 14, 2004. The petition is based on the following facts: On May 4, 2006, the Court was notified that the defendant not only submitted a positive urine specimen for cocaine on May 1, 2006, but also admitted he used cocaine on or about May 1, 2006, and drank alcohol despite knowing he was prohibited from doing so while participating in substance abuse treatment. The Probation Department did not recommend any court intervention at that time; instead, the defendant' urine specimens were increased and he was instructed to enroll in both s group and individual substance abuse therapy. On May 16, 2006, the Probation Department was notified by the Addiction Research and Treatment Services (ARTS) that the defendant failed to attend a scheduled group therapy session on May 15, 2006. On May 17, 2006, this violation was addressed. During this conversation, the defendant reported he missed his bus, therefore, was unable to attend treatment. On June 5, 2006, the Probation Department was notified by the defendant' supervisor, Chris Mattson, Interior Woodwork s Inc, that the defendant was terminated from his employment on June 1, 2006, for " abandonment." Mr. Mattson job reported that the defendant' attendance was sporadic from May 24, 2006, through May 31, 2006, and when he finally s reported to work on June 1, 2006, he abandoned the job site without permission, and as a result, was terminated. On June 5, 2006, this issue was addressed with the defendant. During this conversation, the defendant was advised that he had failed to notify the probation department within 72 hours of his termination. On August 15, 2006, the Probation Department was notified by the Addiction Research and Treatment Services (ARTS) that the defendant failed to attend a scheduled group therapy session on August 14, 2006. The incident report also reflected that the defendant left a voice message for the therapist stating he was sick, therefore, could not attend the scheduled group session. On August 22, 2006, this violation was addressed. During the conversation the defendant was informed that leaving a voice mail for a therapist was not the approved protocol for requesting permission to miss therapy. The defendant was reminded that he must contact the probation officer in order to request permission to miss a therapy session. The defendant advised that he understood and would follow the protocol in the future. On August 22, 2006, the Probation Department was notified by the Addiction Research and Treatment Services (ARTS) that the defendant failed to attend a scheduled group therapy session and submit a random urine specimen on August 21, 2006. On August 29, 2006, these violations were addressed with the defendant. During the conversation, the defendant stated he was in the hospital, and therefore, was unable to submit a urine specimen and attend therapy. The defendant was instructed to submit medical documentation on August 31, 2006. On August 31, 2006, the defendant submitted medical documentation from St. Anthony Hospital, however, this information did not reflect the specific dates in question. On September 19, 2006, the Probation Department was notified by the Addiction Research and Treatment Services (ARTS) that the defendant failed to submit a random urine test on September 15, 2006, and failed to attend a scheduled group therapy session on September 18, 2006. On September 20, 2006, this violation was addressed. During the conversation, the defendant stated he was " sick"and could not attend. Again the defendant was reminded that he should have followed the protocol discussed on August 22, 2006. On October 2, 2006, the Probation Department was notified by the United States Probation and Pretrial Services Office, District of New Mexico Laboratory, that on September 26, 2006, the defendant submitted an " abnormal"urine specimen. On October 5, 2006, the Probation Department was notified by the defendant' supervisor, Jack Livingston, Woodwork s Solutions, Arvada, Colorado, that the defendant' employment was terminated for several reasons. Specifically, the s defendant failed to report to a job site with a company vehicle, and failed to return the vehicle to the company. Instead, the vehicle had to be recovered by the Denver Police Department. Mr. Livingston stated that when the vehicle was returned, he found drug paraphernalia and a kit that explained how to " flush"urine specimens. Mr. Livingston stated that he would not

Case 1:00-cr-00130-LTB

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file any police charges as he was satisfied the company truck was retrieved. On October 6, 2006, I met with the defendant to address this " abnormal"urine specimen as well as the information received by Mr. Livingston. During the meeting, the defendant admitted that he smoked marijuana on or about September 26, 2006, and attempted to " flush"his system to avoid detection of marijuana use. The defendant also admitted that he was driving without a valid license, was involved in an auto accident in which he suffered a head injury and was diagnosed with temporary amnesia. The defendant submitted limited medical documentation verifying the above information. The Probation Department believes that the defendant, through his repeated violations and noncompliant behavior has demonstrated that he is in need of closer supervision with a more restrictive and structured environment which can be accomplished in a residential reentry center setting. It is therefore respectfully recommended that the defendant be placed in an approved Residential Reentry Center (RRC) for a period of up to 120 days, to commence on November 17, 2006. If the defendant demonstrates a significant improvement in his behavior, the probation department may consider early release from community corrections. The defendant and his attorney, LaFonda Jones, AFPD, have signed a waiver of hearing form agreeing to the imposition of the proposed modification.