Free Sealed Document - District Court of Colorado - Colorado

Case 1:02-cr-00138-WDM
PROB 12M (10/01-D/CO)

Document 47-3

Filed 09/25/2006

Page 1 of 2

UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. Darnell Wayne Hinkle

Docket No. 02-cr-00138-WDM-01

Petition for Issuance of Arrest Warrant because of Violation of Probation and/or Supervised Release COMES NOW, Gary L. Burney, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of Darnell Wayne Hinkle who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, on the 5th day of October, 2005, who fixed the period of supervision at four years, commencing July 21, 2006 , 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 mental health treatment, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for the continuity of treatment. All previously imposed conditions of supervision remain in full force and effect: 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 installment payment schedule. (Original Judgment imposed on October 31, 2002) In addition to the above special conditions, the defendant was ordered to pay $7,763.17 in restitution. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

2.

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 20th day of September, 2006. s/ Gary L. Burney Gary L. Burney, 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 25th day September, 2006 s/ Walker D. Miller _____________________________________ WALKER D. MILLER, United States District Judge

Case 1:02-cr-00138-WDM

Document 47-3

Filed 09/25/2006

Page 2 of 2

ATTACHMENT Attached hereto as Exhibit A is a true copy of the Judgement and Order of Conviction signed by United States District Court Judge, Walker D. Miller, District of Colorado, on October 5, 2005, and October 31, 2002. Attached hereto as Exhibit B and incorporated by reference is a true copy of the Conditions of Supervised Release signed by the defendant on July 21, 2006, and March 18, 2005. His signature on these occasions acknowledged that the conditions had been read and explained to him, and that he was provided a copy of them. The defendant's initial term of supervised release commenced on March 18, 2005, and his most recent term commenced on July 21, 2006. The defendant has committed the following violations of supervised release. 1) NEW LAW VIOLATION

On or about July 24, 2006, the defendant was arrested for one count of Theft (a Class IV Felony punishable by up to 12 years custody) and two counts of Unauthorized Use of a Financial Transaction Device, (class II Misdemeanors punishable by up to one year in custody on each count). The defendant remains in jail on a $10,000 bond. If convicted of these charges, the felony offense would constitute a Grade B violation and the misdemeanor offenses would constitute Grade C violations of supervised release. The charge is based on the following facts: On July 23, 2006 and July 24, 2006, the defendant allegedly purchased items worth approximately $500 at a local retail store using a stolen credit card under the name Brian Noel. After allegedly making the second purchase on July 24, 2006, the store manager stopped him and asked if he could see inside a briefcase the defendant was carrying. Inside was a $2,000 suit the defendant was allegedly attempting to shoplift. Also allegedly inside the defendant's briefcase was a quantity of stolen mail and credit cards. On July 27, 2006, the above stated charges were filed in Denver County District Court, Case No.: 06cr04609. Arraignment in this matter is currently scheduled for September 28, 2006 at 8:30 a.m. in Courtroom 10. 2) NO NEW CREDIT

On or about July 23, 2006, and July 24, 2006, the defendant purchased items and incurred new credit using a stolen credit card under the name Brian Noel which would constitute a Grade C violation. The charge is based on the following facts: On or about July 23, 2006, and July 24, 2006, the defendant purchased items using a stolen credit card under the name Brian Noel. When arrested, he had possession of Mr. Noel's credit card.