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

Case 1:04-cr-00371-EWN
PROB 12 (4/96-D/CO)

Document 41

Filed 08/07/2006

Page 1 of 2

UNITED STATES DISTRICT COURT
for

THE DISTRICT OF COLORADO USA vs. Bryan Robert Lee-Harper Docket No. 04-cr-00371-EWN

Petition For Modification of Conditions of Supervised Release COMES NOW, Edward C. Gadden, Probation Officer of the Court, presenting an official report upon the conduct and attitude of Bryan Robert Lee-Harper Weeks, who was placed on supervision by the Honorable Judge Edward W. Nottingham, sitting on the Court in Denver, Colorado, on the 7th day of January 2005, who fixed the period of supervision at three years, commencing April 10, 2006, and imposed the general terms and conditions theretofore adopted by the court, and also imposed special conditions and terms as follows: (None)

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 defendant's conditions of supervised release be
modified to include a special condition requiring the defendant to 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 may be required to pay the cost of testing or treatment as directed by the probation officer.

ORDER OF THE COURT

Considered and ordered this 7th day of August, 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/ Edward C. Gadden United States Probation Officer s/ Edward W. Nottingham __________________________________________ Edward W. Nottingham United States District Judge Place Date Denver, Colorado August 4, 2006

Case 1:04-cr-00371-EWN

Document 41

Filed 08/07/2006

Page 2 of 2

ATTACHMENT The defendant's signature on April 11, 2006, acknowledged that the conditions of supervision had been read and explained to the defendant, that the defendant fully understood said conditions, and that the defendant was provided with a copy of his conditions. The defendant's period of supervised release commenced April 10, 2006. The defendant has committed the following violations of supervision: The defendant has failed to work on a regular and consistent basis, without being excused from working by the Probation Department. The defendant was transferred from the Bureau of Prisons to the Independence House Residential Release Center on February 21, 2006. According to an Independence House case manager, the defendant failed to maintain stable employment until he was discharged from the facility and began supervised release on April 10, 2006. He was terminated from two separate employers, one of them being a telemarketing position. Since beginning supervised release in April, the defendant has failed to obtain and maintain stable and full-time employment, although instructed to do so by his probation officer. On June 29, 2006, the defendant began a position at Home Lumber in Commerce City. On July 26, 2006, the defendant was terminated from Home Lumber for repeatedly failing to report to work. The defendant recently advised that he will be starting a telemarketing position for Xentel Inc. On or about July 27, 2006, the defendant used or administered a controlled substance, specifically marijuana, which had not been prescribed to him by a physician. On that date, the defendant submitted one of his three statutory periodic drug tests at the U.S. Probation Office in Denver. His urine sample on that date tested positive for metabolites of marijuana by Kroll Laboratory. On August 2, 2006, the defendant admitted to his probation officer that he had knowingly ingested marijuana. The defendant signed a Waiver of Hearing to Modify Conditions of Supervised Release form adding a standard drug testing and treatment condition his supervision. He was advised of his right to a hearing before the Court, as well as the possible sanctions if he was to fail to comply with this special condition. The defendant's originally appointed attorney in the present case, John F. Sullivan, reviewed and approved the modification form, which is attached. It is respectfully requested that Your Honor execute this petition, allowing the Probation Department to refer the defendant for any contracted substance abuse testing and treatment services deemed appropriate.