Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00432-WYD

Document 75

Filed 02/21/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CINDY LYNN ATENCIO Docket Number: 04-cr-00432-WYD-01

Petition for Issuance of Arrest Warrant because of Violations of 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On March 10, 2006, the defendant' original term of supervised release was revoked and she was sentenced to eleven s months imprisonment to be followed by 25 months supervised release.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 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 21st day of February 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 15, 2007

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

Case 1:04-cr-00432-WYD

Document 75
ATTACHMENT

Filed 02/21/2007

Page 2 of 2

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: 1.) POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about January 11, 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 January 22, 2007, I received notification from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at CMI on January 11, 2007, tested positive for cocaine. I questioned the defendant about her drug use and she admitted that she used crack cocaine with her sister. 2.) POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about January 21, 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 January 31, 2007, I received notification from the District of New Mexico urinalysis testing laboratory reflecting that the urine specimen submitted by the defendant at CMI on January 21, 2007, tested positive for cocaine. I questioned the defendant about her drug use and she said that she used crack cocaine by herself.