Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00414-REB

Document 24

Filed 07/17/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. TRAVIS ROBERT CVEK Docket Number: 04-cr-00414-REB-01 Petition on Supervised Release COMES NOW, Robert Ford, probation officer of the court, presenting an official report upon the conduct and attitude of TRAVIS ROBERT CVEK, who was placed on supervision by the Honorable Phillip S. Figa sitting in the court at Denver, Colorado, on the 1st day of March, 2005, 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 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.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

Petitioner states that there is probable cause to believe that the defendant has violated a condition of his supervised release as more particularly described in the attachment which is 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 16th day of July, 2007, and ordered filed under seal 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/Robert Ford Robert Ford Senior Probation Officer

s/ Robert E. Blackburn
Robert E. Blackburn United States District Judge Place: Colorado Springs, Colorado Date: July 5, 2007

Case 1:04-cr-00414-REB

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ATTACHMENT

Filed 07/17/2007

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On April 3, 2006, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood said conditions, and that he was provided with a copy of them. The term of supervised release commenced March 30, 2006. The defendant has committed the following violations of supervised release:

1.

FAILURE TO COMPLY IN DRUG TREATMENT (URINALYSIS) AS DIRECTED BY THE PROBATION OFFICER: On or about July 6, 2006, the defendant failed to provide a urine sample at Bridge to Awareness, the testing and treatment program in which the probation officer had directed him to participate, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On July 6, 2006, the defendant reported to Bridge to Awareness Counseling Center in Colorado Springs, for submission of a urine specimen for drug testing. During the test, the technician determined that the defendant was using an artificial penis, commonly referred to as a "whizzinator," to circumvent the drug testing process. The technician asked the defendant to remove the device, and the defendant refused to do so and left the facility. I immediately was contacted and relayed this information to the defendant's Colorado Department of Corrections Parole Officer, who located the "whizzinator" device during a search of the defendant's residence later that evening. I spoke with the defendant by telephone following the search, and instructed the defendant to report to the U.S. Probation Office on July 7, 2006. During that meeting on July 7, 2006, the defendant told me that he had used the "whizzinator" in an attempt to pass his drug test, as he had used methamphetamine on July 4, 2006. I then had the defendant submit a urine sample for testing.

2.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about July 7, 2006, the defendant used or administered a controlled substance, methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On July 7, 2006, at the United States Probation Office, the defendant submitted a urine specimen that was later reported as positive for methamphetamine. Immediately prior to submitting the urine specimen, the defendant told me that he had used methamphetamine on July 4, 2006. In response to this incident, the defendant's treatment program was modified to include more frequent counseling sessions, in an attempt to prevent other relapses, and daily drug testing, in order to verify the defendant's abstinence from illegal drugs. The defendant submitted urine samples that were negative for illegal drugs until August 7, 2006.

Case 1:04-cr-00414-REB
3.

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Filed 07/17/2007

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POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about August 7, 2006, the defendant used or administered a controlled substance, methamphetamine, which had not been prescribed for him by a physician, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 7, 2006, at Bridge to Awareness Counseling Center, the defendant submitted a urine specimen that was reported as positive for methamphetamine. During a conversation with the defendant on August 10, 2006, the defendant told me that he was having difficulty abstaining from methamphetamine. In response to the defendant's continued illegal drug use and in an attempt to prevent additional violations, on August 22, 2006, the defendant was placed in an inpatient drug treatment program by his Colorado Department of Corrections Parole Officer. The Court was notified of this drug use, and took no punitive action. The defendant completed his inpatient program on October 9, 2006, and then was enrolled in the relapse prevention treatment program at Confidential Health Consultants in Colorado Springs.

4.

VIOLATION OF THE LAW: On or about January 15, 2007, the defendant committed Possession of a Schedule II Controlled Substance, a violation of C.R.S. 18-18-405(1), (2)(a)(I), a Class 4 Felony, which constitutes a Grade B violation of supervised release. This charge is based on the following facts: On January 15, 2007, at approximately 5:40 a.m., two Colorado Springs Police Officers observed the defendant acting suspiciously outside a residence and stopped to speak with him. According to the police report, the defendant did not comply with their instructions to refrain from reaching into his pocket or waistband. A struggle then ensured, and the defendant was eventually restrained. During a subsequent search of the defendant's clothing, officers retrieved two sandwich bags containing approximately 23.7 grams of a substance that was tested as positive for methamphetamine, several similar empty sandwich bags, $821.00 in currency, and a digital scale. On January 23, 2007, the defendant was named in a two-count Information filed in the Fourth Judicial District, Colorado Springs, Colorado, under Docket Number 2007-CR-224. Count I charged the defendant with Possession with Intent to Distribute a Schedule II Controlled Substance, a Class 3 Felony, and Count II charged the defendant with Obstructing a Police Officer, a Class 2 Misdemeanor. On June 5, 2007, the defendant, appearing with counsel, entered a plea of guilty to an amended Count I of the Information, Possession of a Schedule II Controlled Substance, a violation of C.R.S. 18-18-405(1), (2)(a)(I). Count II remains pending at this time. A sentencing hearing is scheduled for August 14, 2007.