Free Amended Document - District Court of Colorado - Colorado

Case 1:04-cr-00274-WDM
PROB 12M (10/01-D/CO)

Document 44

Filed 11/29/2006

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. Michelle Ann Abeyta

Docket No. 04-cr-00274-WDM-01

Amended Petition Request for a Violation of Probation and/or Supervised Release COMES NOW, Jennifer Nuanes, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of Michelle Ann Abeyta who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 10th day of December 2004, who fixed the period of supervision at four (4) years, commencing December 10, 2004, 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 and alcohol 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. 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 will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall reside in a community corrections center for a period of six (6) months to commence on upon release from custody and shall observe the rules of that facility.

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RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: Petitioner states there is probable cause to believe that the Defendant has violated conditions of her probation as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court amend the Petition of February 13, 2006, to include the additional violations. I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 20th day of November, 2006. s/Jennifer Nuanes Jennifer Nuanes, Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of her probation. I order that the Petition of February 13, 2006, be amended to include the attached violations. Dated this ____29th______ day of November, 2006. s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

Case 1:04-cr-00274-WDM

Document 44
ATTACHMENT

Filed 11/29/2006

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Attached hereto as Exhibit A and incorporated by reference, is a true copy of the conditions of probation which was signed by the defendant on December17, 2004. Her signature on this occasion acknowledges that the conditions had been read to her, that she fully understood the conditions, and that she was provided a copy of them. 7. VIOLATION OF THE LAW:

On or about March 11, 2005, the defendant committed the offenses of Driving Under Restraint (Misdemeanor) and Motor Vehicle Theft/Agg 2 - $500 - $15,000 (Class 6 Felony), which constitutes a Grade B violation of supervised release. The charge is based on the following facts: Records from Jefferson County Combined Court reflect that on March 11, 2005, the defendant pled to the aforementioned charges in Case Number 04CR01506 and was sentenced to four (4) years probation. However, on May 15, 2006, the defendant admitted she violated her conditions of probation and a result, her probationary sentence was revoked and she was sentenced to the custody of the Colorado Department of Corrections for a period of 15 months plus a mandatory period of parole as required by statute. 8. VIOLATION OF THE LAW:

On or about February 23, 2006, the defendant committed the offense of Criminal Impersonation - gain a benefit (Class 6 Felony), which constitutes a Grade B violation of supervised release. The charge is based on the following facts: Records from Adams County Combined Court reflect that on October 26, 2006, the defendant pled to the aforementioned charge in Case Number 06CR000680 and was sentenced to the custody of the Colorado Department of Corrections for a period of 30 months plus a mandatory period of parole as required by statute, to run concurrent to Jefferson County Combined Court, Case Number 04CR01506. 9. VIOLATION OF THE LAW:

The defendant has been charged with committing Conspiracy to Steal, Take and to Possess Stolen Mail, on or about November 17, 2005, which constitutes a Grade B violation of supervised release. The charge is based on the following facts: Records from The United States District Court, District of Colorado, reflect that on or about September 13, 2006, an Indictment was filed charging the defendant with the aforementioned charge in Docket Number 06-CR-00368-REB-01.