Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00369-LTB
PROB 12 (02/05-D/CO)

Document 52

Filed 04/16/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. TRAVIS SANDERS Docket Number: 04-cr-00369-LTB-01

Amended Petition Due to Violation of Supervised Release COMES NOW, Kurt Pierpont, probation officer of the court, presenting an official report upon the conduct and attitude of Travis Sanders who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 11th day of March, 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 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 petition dated March 13, 2007, be amended to reflect a federal, rather than a state law violation for possession of a weapon by a prohibited person. ORDER OF THE COURT Considered and ordered this 16th day of April, 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/ Kurt Pierpont Kurt Pierpont Senior U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief U.S. District Judge Place: Denver, Colorado Date: April 12, 2007

Case 1:04-cr-00369-LTB

Document 52

Filed 04/16/2007

Page 2 of 2

ATTACHMENT On July 7, 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 the conditions, and that he was provided a copy of them. The term of supervised release commenced September 21, 2006. The defendant has committed the following violations of supervised release: 1. VIOLATION OF THE LAW

On or about March 9, 2007, the defendant committed Possession of a Firearm by a Prohibited Person, in violation of 18 U.S.C. § 922(g)(1). This is a Class C felony, which constitutes a Grade B violation of supervised release. This charge is based on the following facts: According to Denver Police Offense Report No. 07-152773, on March 9, 2007, at approximately 1:35 a.m. Denver Police Gang Bureau officers were conducting static surveillance in the 1000 block of Broadway, Denver, Colorado. Officers observed the defendant open the hood of his vehicle and remove an object from the engine compartment of the vehicle, placing the object in his waistband. Uniformed officers attempted to contact the defendant and when they did, the defendant turned and placed his right hand at his waistband exposing the handle of a large semi automatic handgun in plain view as he was facing the officers. Defendant then ran from officers and was subsequently subdued near the 1100 block of Acoma Street. A Sig Sauer .45 Caliber Semi-Automatic hand gun was recovered from defendant at the scene, along with six (6) live rounds of ammunition. Defendant is currently in custody at the Denver County Jail. 2. FAILURE TO PARTICIPATE IN DRUG TESTING AND TREATMENT AS DIRECTED BY THE PROBATION OFFICER

On or about November 8 and December 28, 2006, and February 19, 2007, defendant failed to keep counseling appointments at Correctional Management, Inc. (CMI), the treatment program in which the probation officer had directed him to participate. This constitutes a Grade C violation of supervised release. The defendant failed to provide a urine sample at CMI, the testing and treatment program in which the probation officer had directed him to participate, on November 6, 2006, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: Correspondence received from CMI reflects defendant failed to keep counseling appointments or provide urine samples on November 6 and 8, 2006, December 28, 2006, and February 19, 2007.