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

Case 1:04-cr-00383-REB
PROB 12 (02/05-D/CO)

Document 40

Filed 12/27/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Michael Ray Rowe Docket Number: 04-cr-00383-REB

Petition to Vacate Revocation Proceedings and Modify Conditions of Supervised Release COMES NOW, Carlos Morales, probation officer of the court, presenting an official report upon the conduct and attitude of Michael Ray Rowe who was placed on supervision by the Honorable Robert E. Blackburn sitting in the court at Denver, on the 21st day of January, 2005, who fixed the period of supervision at 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 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)

See attachment hereto and herein incorporated by reference PRAYING THAT THE COURT WILL ORDER that the pending supervised release revocation proceedings be vacated and defendant's conditions of supervised release be modified to include a special condition requiring the defendant to reside in and comply with the rules of a residential reentry center for a period of up to 6 months, to commence at the direction of the probation officer. ORDER OF THE COURT Considered and ordered this 27th day of December, 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/ Carlos Morales Carlos Morales Probation Officer s/ Robert E. Blackburn Robert E. Blackburn United States District Judge Place: Denver Date: December 22, 2006

Case 1:04-cr-00383-REB

Document 40

Filed 12/27/2006

Page 2 of 2

ATTACHMENT

On January 23, 2006, the conditions of supervised release were read and explained to the defendant. On this date he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy. The term of supervised release commenced on January 20, 2006. On December 15, 2006, respectively, the defendant and his attorney executed a form entitled "Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision" which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. Assistant U.S. Attorney M.J. Menendez has been consulted and has no objection to the proposed modification. The proposed modification of the defendant's supervised release to include the aforementioned special condition, is requested in response to the defendant's past adjustment to supervised release. On January 20, 2006, the defendant was released from custody and simultaneously commenced his 3 year term of supervised release in the instant case, and also a term of Colorado State Parole from a previous conviction. On February 16, 2006, notification was received from ARTS/Crosspoint reflecting that the defendant failed to provide a urine specimen there on February 15, 2006, as required. On March 1, 2006, notification was received reflecting that the defendant submitted a urine specimen at ARTS/Crosspoint Treatment Center on February 21, 2006, which tested positive for marijuana. On March 1, 2006, the defendant was arrested by officers of the Denver Police Department and charged with misdemeanor Shoplifting, Disturbing the Peace, and Assault in Denver General Sessions Court, Case Number 06GS907233. On April 18, 2006, the defendant entered a plea of guilty to the charge of Shoplifting (M) in Denver General Sessions Court and was sentenced to 30 days jail. As a result of the March 1, 2006, arrest and subsequent conviction, the defendant's term of Colorado State Parole was revoked. The defendant remained incarcerated from March 1, 2006, until his Colorado Department of Corrections mandatory release date of December 11, 2006. Base on the defendant's use of a controlled substances and failure to comply with his drug testing requirements, a supervised release violator's warrant was issued on March 7, 2006, and lodged as a detainer with the Colorado Department of Corrections. On December 15, 2006, the defendant appeared before Magistrate Judge Boland for a preliminary/detention hearing. With agreement from all parties, the defendant was released on a $10,000 unsecured bond with a condition requiring the defendant to reside and comply with the rules of a Residential Reentry Center. On December 15, 2006, the defendant was placed at Independence House South Federal and has since remained in compliance with that program.