Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00432-WYD

Document 78

Filed 03/01/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CINDY LYNN ATENCIO Docket Number: 04-cr-00432-WYD-01 Amended Petition on Supervised Release COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Cindy Lynn Atencio, who was placed on supervision by the Honorable Wiley Y. Daniel, sitting in the court at Denver, Colorado, on the 16th day of August, 2005, who fixed the period of supervision at three (3) 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 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 shall reside in a residential re-entry center for a period of six months. The defendant shall be placed on home detention for a period of six months. The defendant shall make payment on the restitution obligation that remain unpaid at the commencement of supervised release.

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On March 10, 2006, the defendant' original term of supervised release was revoked and she was sentenced to eleven s months imprisonment to be followed by 25 months supervised release. All previous conditions of supervised release were ordered to remain in full force and effect. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER that the petition dated February 15, 2007, be amended to include additional violations of supervised release. ORDER OF THE COURT Considered and ordered this 1st day of March 2007, 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/Emily Valentin Emily Valentin Senior U.S. Probation Officer Place: Denver, Colorado Date: February 26, 2007

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Judge

Case 1:04-cr-00432-WYD

Document 78

Filed 03/01/2007

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ATTACHMENT On September 23, 2005, and October 3, 2006, the conditions of supervised release were read and explained to the defendant. On those dates, she acknowledged in writing that the conditions had been read to her, that she fully understood the conditions, and that she was provided a copy of them. The term of supervised release re-commenced on October 16, 2006. This petition is based on the following facts: 3.) FAILURE TO COMPLY WITH RULES OF HOME DETENTION AND ELECTRONIC MONITORING: On or about February 15, 2007, the defendant failed to return to her residence, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: The defendant was placed on home detention for a period of six months. During this time, the defendant was to remain at her residence except for employment and other activities approved in advance by the probation officer. The defendant was to maintain a telephone at her place of residence without any special services, modems, answering machines, or cordless telephones for the above-mentioned period. The defendant was to wear an electronic device and was to observe the rules specified by the Probation Department. The defendant was required to pay the cost of electronic monitoring as directed by the probation officer. The defendant was required to follow all other directives from the probation officer. On February 15, 2007, the defendant had been approved to attend her regularly scheduled dual diagnosis group session at Correctional Psychology Associates (CPA), and was supposed to return to her residence by 9:30 p.m. However, on February 15, 2007, at approximately 10:00 p.m., U.S. Probation Officer (USPO) Katrina Derby, who was the duty officer for electronic monitoring, received a page indicating that the defendant failed to return to her residence by 9:30 p.m. Subsequently, USPO Derby contacted Electronic Monitoring Specialist Senior USPO Rod Waldo and informed him that the defendant had not returned. After waiting a few more hours, they went to the defendant' residence at 12:40 a.m. and met s with her parents. The defendant' parents said that the defendant took the bus to CPA but did not return home. s At 1:00 a.m., USPO Derby and Senior USPO Waldo, went to St. Anthony' Hospital and verified that the defendant had s not been admitted. At 1:15 a.m., USPO Derby and Senior USPO Waldo, went to Denver Health Medical Center and also verified that the defendant had not been admitted. Senior USPO Waldo also verified with the Denver Police Department that the defendant was not in their custody. On February 16, 2007, Electronic Monitoring Specialist Senior USPO Hoppe went to the defendant' residence and met s with her parents. They said that the defendant had not returned home and that they had not heard from her. Senior USPO Hoppe retrieved the electronic monitoring equipment from the residence. I received documentation from CPA indicating that the defendant failed to attend her group session on February 15, 2007. The defendant' whereabouts are unknown. s

Case 1:04-cr-00432-WYD

Document 78

Filed 03/01/2007

Page 3 of 3

4.) FAILURE TO NOTIFY OFFICER OF CHANGE OF RESIDENCE: On or about February 15, 2007, the defendant moved from her residence at 42 Perry Street, Denver, Colorado, and failed to notify the probation officer of this change within 72 hours or 10 days prior to moving, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 15, 2007, the defendant failed to return to her residence at 9:30 p.m., which violates the conditions of her electronic monitoring as stated in the previously mentioned charge. According to the defendant' parents, she has not s returned to the residence since that date. The defendant has not contacted me and her whereabouts are unknown. 5.) POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about February 14, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 22, 2007, I received notification from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at Correctional Management Incorporated (CMI) on February 14, 2007, tested positive for cocaine. 6.) FAILURE TO PARTICIPATE IN DRUG TESTING AS DIRECTED BY THE PROBATION OFFICER: On February 16, and 19, 2007, the defendant failed to provide urine specimens at CMI, the testing program to which the probation officer had directed her to submit urine specimens, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 22, 2007, the Probation Department received written notification from CMI reflecting that the defendant failed to provide required urine specimens on February 16, and 19, 2007. 7.) FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER: The defendant failed to attend a dual diagnosis group session on February 15, 2007, at CPA, the treatment program to which the probation officer had directed her to participate, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 22, 2007, I received notice that the defendant failed to attend a dual diagnosis group session on February 15, 2007, and this absence was not excused.