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

Case 1:04-cr-00072-WYD

Document 70

Filed 11/09/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CRAIG HENRY BARNUM Docket Number: 04-cr-00072-WYD Petition on Probation COMES NOW, Marcee Fox, probation officer of the court, presenting an official report upon the conduct and attitude of Craig Henry Barnum who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 12th day of May, 2005, who fixed the period of supervision at five 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 not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless he is in compliance with the periodic payment obligations imposed pursuant to the court' s judgment and sentence. 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. The defendant shall reside in a community corrections center for a period of 120 days to commence as soon as practical, and shall observe the rules of that facility.

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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 a modification of defendant' conditions of probation. s ORDER OF THE COURT Considered and ordered this 9th day of November, 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/ Marcee Fox Marcee Fox Senior Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel District Court Judge Place: Denver, Colorado Date: November 6, 2006

Case 1:04-cr-00072-WYD
PROB 12 (02/05-D/CO)

Document 70

Filed 11/09/2006

Page 2 of 2

ATTACHMENT

Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Probation signed by the defendant on May 12, 2005, and again on February 2, 2006, acknowledging that the conditions had been read and explained to him, that he fully understood said conditions, and that he was provided a copy of them. The term of probation commenced on May 12, 2005. Attached hereto as Exhibit B and incorporated by reference is a signed statement executed by the defendant and defense counsel which waives the right to a hearing and agrees to the proposed modification of the defendant' conditions of s probation. This petition is based on the following facts: On September 15, 2006, the defendant was arrested and charged with Harassment, Jefferson County Court Case Number 06M5834. He was released on bond on October 10, 2006. The defendant attended a pretrial conference on October 31, 2006. He is scheduled for trial on December 18, 2006. This is the second time the defendant has been charged with domestic violence since he was sentenced in the present matter. Additionally, the defendant has failed to maintain stable employment and does not report employment changes to the probation officer. According to his wife, he moved out of their residence at the end of June 2006. However, the defendant reports that he was residing there until two days prior to his arrest. The defendant also has made minimal payments toward his restitution during the term of supervision. The Probation Department believes that the defendant could benefit from added structure of a residential reentry center where his activities can be more closely monitored.