Free Sealed Document - District Court of Colorado - Colorado

Case 1:02-cr-00159-WDM
PROB 12M (10/01-D/CO)

Document 65

Filed 02/12/2007

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. Jeffrey K. Donoho

Docket No. 02-cr-00159-WDM-01

Petition for Issuance of Arrest Warrant because of 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 Jeffrey K. Donoho who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, on the 12th day of July 2005, who fixed the period of supervision at 33 months, commencing August 25, 2005, 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 reside in a community corrections center for a period of six (6) months to commence on upon release from BOP, and shall observe the rules of that facility. The defendant shall participate in an approved program of sex offender evaluation and treatment, which may include polygraph and plethysmograph examinations, as directed 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 not access any Internet sites that contain child pornography, i.e., sexually explicit material depicting minors. The defendant shall not communicate via a computer, or otherwise, with any person that defendant has reason to believe is a minor concerning anything relating to child pornography or sexual activity involving minors. The defendant shall allow the probation officer to make periodic, unannounced examinations at any reasonable time of any computer or Internet access device used by him, except a computer owned by the defendant' employer and s not located at the defendant' residence. The defendant shall, upon demand, immediately provide the probation s officer with any password required to access data or programs on such computers or devices, and shall allow the probation officer to copy information which the probation officer believes may be evidence of a law violation or technical violation of a condition of supervised release. The defendant shall allow the probation officer to install site-blocking software deemed appropriate by the probation officer on any computer used by him, except a computer owned by his employer and not located at the defendant' residence. The defendant shall not attempt to remove or otherwise defeat the site-blocking system s installed by the probation officer. The defendant shall not have any unsupervised contact with anyone under the age of 18.

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On October 12, 2005, the defendant' special conditions of supervised release were modified to include participation in a s 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.

Case 1:02-cr-00159-WDM

Document 65

Filed 02/12/2007

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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 a condition of his supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court issue a warrant for the arrest of the Defendant who violated a condition of his supervised release and that this petition and the warrant be sealed until after Defendant' arrest. s I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 9th day of February, 2007. s/Jennifer Nuanes Jennifer Nuanes, Senior Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of his supervised release. I order that a warrant for Defendant' arrest be issued and that this Petition and Order, as well as the s warrant, be sealed until Defendant' arrest. s Dated this 12th day of February, 2007 s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

Case 1:02-cr-00159-WDM

Document 65
ATTACHMENT

Filed 02/12/2007

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On November 2, 2005, the conditions of supervised release were read and explained to the defendant. On that occasion, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on August 25, 2005. The defendant has committed the following violations of supervised release: 1. FAILURE TO COMPLY WITH SPECIAL CONDITION: No access to any Internet sites that contain child pornography. The defendant shall not communicate via computer, or otherwise, with any person that defendant has reason to believe is a minor concerning anything relating to child pornography or sexual activity involving minors:

The defendant accessed the Internet and downloaded images containing child pornography depicting adolescent females between the ages of 9 and 14. This charge is based on the following facts: On February 8, 2007, during a routine home inspection, the defendant admitted that in November 2006, he purchased a computer for approximately $300 and stored it in his vehicle. He stated that through a ricochet modem given to him by a friend, he accessed the Internet and downloaded approximately ten images containing child pornography depicting adolescent females between the ages of 9 and 14 from November through December 2006. He stated that on December 24, 2006, he destroyed the computer and hard drive and disposed of the pieces in a trash can at work. Furthermore, during this same home inspection, the defendant reported that on Wednesday, February 7, 2007, he was contacted at his residence by Special Agent Stephen Roberts, Federal Bureau of Investigation, regarding the above information. He stated he was questioned about the above information, admitted to Special Agent Roberts that he. in fact. purchased a computer and used a ricochet modem to access the internet. However, he also advised that when they asked him where the computer was located, he requested the presence of counsel and subsequently, the interview was terminated. On February 8, 2007, I contacted Special Agent Roberts. During this conversation, Special Agent Roberts confirmed that he met with the defendant at his place of residence on Wednesday, February 7, 2007, to conduct a preliminary interview about the above information. Special Agent Roberts advised that the defendant voluntarily met with him, admitted that at one time he possessed a laptop and modem with which he was able to access the Internet through lime wire, and alluded to the fact that he did download images containing child pornography. Special Agent Roberts confirmed that the interview was terminated when the defendant requested an attorney.