Writ of Habeas Corpus ad Prosequendum Returned Executed as to Chandler Simbeck on 9/16/2022 — USA v. Foreman (Dkt. 87, D. Colo.)

Summary

This filing, entered 09/20/22 as Document 87 in Case No. 1:21-cr-00165-WJM (District of Colorado), contains a writ of habeas corpus ad prosequendum dated August 2022 commanding the U.S. Marshal to bring Chandler Simbeck from the Larimer County Jail before a magistrate judge in Denver, with the order for the writ signed by Magistrate Judge Kelly H. Rankin. It also includes a 12/07/2021 arrest warrant for violation of a pretrial release order and the probation officer's petition, which alleges Simbeck failed to report to supervision as directed.

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Case No. 1:21-cr-00165-WJM Document 87 _ filed 09/20/22 USDC Colorado pgil
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Action No. 21-cr-00165-RM
UNITED STATES OF AMERICA,

Plaintiff,

2. CHANDLER SIMBECK, ' a

Defendant.

WRIT OF HABEAS CORPUS AD PROSEQUENDUM

TO THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLORADO, OR
TO ANY OTHER UNITED STATES MARSHAL, OR.TO ANY OTHER FEDERAL LAW
ENFORCEMENT OFFICER AND TO ANY AUTHORIZED OFFICER IN WHOSE
CUSTODY THE DEFENDANT-MAY BE HELD:

This Writ is issued upon Order of the United States District Court for the District of
Colorado. | hereby command that you bring the body of Chandler Simbeck, DOB:
07/26/1992, Jail ID: PO00002274, Inmate number: B2203336, is now confined in the
Larimer County Jail, before a United States Magistrate Judge, sitting at Denver, Colorado,
forthwith in the United States District Court for the, District of Colorado; to appear for
proceedings in the above-referenced and pending case; and to hold the said defendant
at all times in your custody as an agent of the United States of America; that immediately

_after the conclusion of the proceedings and final disposition of the above-entitled case in
Case No. 1:21-cr-00165-WJM + Document 87 _ filed 09/20/22 USDC Colorddo pg 2
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the United States District Court for the District of Colorado, you shall return the Defendant

to the institution where he was confined, under safe and secure conduct.

DATED at Denver, Colorado, this 12th day of August, 2022.

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BY THE COURT:

s/C. Pommenville
CLERK, UNITED STATES DISTRICT COURT

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Case No. 1:21-cr-00165-WJM Document 87 _ filed 09/20/22 USDC Colorado pg3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Action No. 21-cr-00165-RM
UNITED STATES OF AMERICA,

Plaintiff,

2. CHANDLER SIMBECK,

Defendant.

ORDER FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM

Upon motion of the United States and for good cause shown, it is hereby

‘ORDERED that the Clerk of the Court issue a writ requiring the United States
Marshal or any other federal law enforcement officer to produce Chandler Simbeck, DOB:
07/26/1992, Jail ID: P00002274, Inmate number: B2203336, is now confined in the
Larimer County Jail, before a United States Magistrate Judge forthwith to appear for
proceedings in the above-referenced and pending case; and to hold said defendant at all
times in custody as an agent of the United States of America; that immediately after the
conclusion of the proceedings and final disposition of the above-entitled case, return the

said defendant to the institution where he was confined, under
~ Case No. 1:21-cr-00165-WJM Document 87 _ filed 09/20/22 USDC Colorado pg4 -
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safe and secure conduct.
SO ORDERED this _12th _ day of August, 2022

BY THE COURT:

THE HOM. KELLY H. RANKIN
UNITED STATES MAGISTRATE JUDGE
DISTRICT OF COLORADO
Case No.'1:21-cr-00165-WJM Document 87 _ filed 09/20/22 USDC Colorado pg5
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AO 442 (Rev. 11/11) Arrest Warrant

UNITED STATES DISTRICT COURT
for the

District of Colorado

United States of America

) Case No, 1:21-cr-00165-RM-2

Chandler Simbeck )

Defendant
ARREST WARRANT
To: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) Chandler Simbeck ;
who is accused of an offense or violation based on the following document filed with the court:

1 Indictment O Superseding Indictment 0 Information ) Superseding Information © Complaint

O Probation Violation Petition ©) Supervised Release Violation Petition OViolation Notice @ Order of the Court

This offense is briefly described as follows:
VIOLATION OF PRETRIAL RELEASE ORDER

Date: 12/07/2021 / S , VEE

Issuing officer's signature

City and state: Denver, Colorado Magistrate Judge S. Kato Crews

Printed name and title

Return

This warrant was received on (date) , and the person was arrested on (date)
at (city and state)

Date:

Arresting officer’s signature

Printed name and title
Case No. 1:21-cr-00165-WJM ~° Document 87 _ filed 09/20/22 USDC Colorado pg6

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Co-PS8
(12/14-D/CO)
United States District Court
for the District of Colorado
U.S.A. vs. CHANDLER SIMBECK Dkt. No. 1:21-CR-00165-RM-2

Petition for Warrant on Defendant On Pretrial Release

Comes now, Heather Becker, United States Probation Officer, presenting an official report upon
the conduct and attitude of defendant Chandler Simbeck, who was placed under pretrial release
supervision by the Honorable Lisa Pupo Lenihan, sitting in the Court at Pittsburgh, Pennsylvania,
on September 26, 2021, as noted in the Rule 5(C)(3) documents (Document 23). On November
18, 2021, the defendant made an initial appearance in the District of Colorado, and his conditions
were continued by the Honorable S. Kato Crews. The probation officer alleges the defendant
has violated the following terms and conditions of pretrial release as set forth herein.

Respectfully presenting petition for action of the Court and for cause as follows:
1. Failure to Report/Submit to Supervision as Directed

On November 18, 2021, the defendant was advised that he would need to report by phone
daily to the probation officer, as, he was unsure where he would be living.

On November 22, 2021, the defendant met with the probation officer again, and was
scheduled for a follow up appointment for November 23, 2021, at 10:00. AM. The defendant
failed to report in as.directed. The defendant was contacted later that day and he indicated
he had overslept. The defendant was again reminded that he was required to report by
phone daily to the probation officer and in person as directed.

On November 24, 2021, at approximately 9:22 AM, | attempted a contact at the defendant's
last known address provided. There was no answer, the defendant was contacted by
phone, and he advised he was at work. The defendant was again reminded to check in
daily by phone.

On November 30, 2021, | attempted a contact at the defendant's last known address
provided. There was no answer, and a business card was left for the defendant to contact
me by phone by 5:00 PM, as all previous contact attempts had failed and his whereabouts
were unknown. Additionally, a phone call was attempted; however, the defendant's phone
rang and there was no voicemail set up. A text message was sent to the défendant
advising him to call me as previously directed.

On December 1, 2021, | attempted a phone call to the defendant; however, the defendant's
phone rang and there was no voicemail set up. A text message was sent to the defendant
advising him to call me no later than 1:00 PM.

On December 2, 2021, | attempted a phone call to the defendant; however, the defendant's
phone rang and there was no voicemail set up. A text message was sent to the defendant
advising him to call me no later than 1:00 PM.
Case No. 1:21-cr-00165-WJM Document 87 _ filed 09/20/22 USDC Colorado pg/7

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- Simbeck, Chandler Petition on Pretrial Release
1:21-CR-00165-RM-12 Page - 2 42/7/2021

On December 4, 2021, | attempted a contact at the defendant's last known address
provided. There was no answer, and a business card was left for the defendant to contact
me by phone by 5:00 PM, as all previous contact attempts had failed and his whereabouts
were unknown. Additionally, a phone call was attempted; however, the defendant's phone
went straight to voicemail, and there was no voicemail set up. A text message was sent to
the defendant advising him to call me as previously directed.

The defendant has failed to check in by phone as directed and has not contacted the
probation officer since November 24, 2021. Several attempts were made to contact the
defendant; however, these attempts have been unsuccessful... His current whereabouts are
unknown.

2. Failure to Remain ‘at the Washington City Mission Until Approved to Leave by Pretrial
Services and Remain at Housing Approved by Pretrial Services

On October 13, 2021, notification was received from the supervising district in the Western
District of Pennsylvania that the defendant had alleged violations. According to the
supervising officer, the defendant was to report to the Washington City Mission (a homeless
shelter offering substance abuse and mental health treatment) as ordered. The defendant
contacted the officer.on September 27, 2021, to report that he could not stay at Washington
City Mission. The defendant reported that staff at Washington City Mission had him report to
the hospital on September 25, 2021. He returned the next day and was told he could not stay
at Washington City Mission. The defendant did admit that he tested positive for illegal
substances when Washington City Mission tested him. The defendant also admitted at this
time that he recently used heroin on September 26, 2021. The defendant reported he had
been staying with a friend named David near his old apartment.

The supervising officer spoke to staff at Washington City Mission on September 28, 2021.
Staff reported that the defendant showed up approximately five hours late for his intake on
September 25, 2021. Staff reported they were going to allow.emergency shelter for the
defendant, but he left and did not return to the facility.

The defendant never called his supervising officer to discuss him leaving Washington City
Mission, as required. The supervising officer attempted to reach the defendant on several
occasions during the week to set up treatment and an approved living situation. The
supervising officer finally spoke to the defendant on September 30, 2021. The defendant was
instructed to enter inpatient treatment with Greenbriar Treatment, and he should expect their
call for an initial intake. The defendant reported he was getting some money together and
might want to do treatment in Colorado. He was again instructed to get set up with treatment
at Greenbriar.

On October 1, 2021, the supervising officer spoke to Greenbriar Treatment to see if the
defendant had called. Greenbriar staff reported the defendant had not called and that they
attempted to call him, but he would not answer. The supervising officer attempted to reach
the defendant on October 1, 2021, but the defendant would not answer. The defendant called
the supervising officer back on October 5, 2021, and reported he set up treatment at Cove
Forge for October 8, 2021. The defendant admitted to using heroin again on October 5, 2021.
Case No. 1:21-cr-00165-WJM ° Document 87 _ filed 09/20/22 USDC Colorado pg8

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. Simbeck, Chandler Petition on Pretrial Release
1:21-CR-00165-RM-12 Page -3 12/7/2021

On October 12, 2021, the supervising officer confirmed that the defendant had entered
Cove Forge and signed a release of information.

On October 28, 2021, the supervising officer received a treatment report from Cove Forge
indicating that the defendant had not completed any portion of the treatment plan and that
his attendance in group was inconsistent. They also indicated that in specific sessions he
was resistive to treatment and “napped” through sessions. He indicated to staff he did not
believe that drugs were a problem for him. Cove Forge further indicated that the defendant
was on track for an unsuccessful discharge. The defendant.also requested that staff no
longer communicate with the supervising officer regarding his aftercare plans.

On November 9, 2021, the defendant provided a potential living arrangement for approval
to the supervising officer. Based on the information, the living arrangement was denied as
the individual did not want the defendant living in his home but agreed to assist financially
with a hotel for a couple days. It appears that the defendant does not have a proper living
arrangement in the-Western District of Pennsylvania and subsequently relocated to
Colorado following his initial appearance in the district.

On November 18, 2021, the defendant was given an opportunity to consider a voluntary
waiver to enter into a halfway house; however, he declined. He advised that he did not
have a particular location that he knew he would be able to stay in Colorado and would
reach out to several family members and friends to see if he had the ability to stay with
them. The defendant was advised to check in daily with his whereabouts, and to report to
the office on November 22, 2021, to advise if he had secured a residence.

On November 22, 2021, the defendant indicated he believed he could stay on the couch in
the residence of a childhood friend and another male party. The defendant was again
offered the opportunity to sign a voluntary waiver for a halfway house; however, he again
declined. He was directed to furnish names and birthdates of all adults living in the
residence, to help determine if this would be a suitable residence for him to reside at while
on pretrial release. The defendant was reminded that Pretrial Services was to approve
housing based on the conditions of his release.

On November 24, November 30, and December 4, 2021, home visits were attempted at
this residence, however, were unsuccessful. No one answered the door, nor was any
response received from cards left on the door. As of this writing, | have been unable to
verify that the defendant was staying at the location provided, despite attempts to visit the
defendant on different days and times, including weekends. His whereabouts are currently
unknown.

3. Use or Possession of a Controlled Substance

On September 25, 2021, the defendant submitted a positive urinalysis test (UA), at the
Washington City Mission, for morphine, cocaine, tramadol, benzodiazepines,
amphetamines, methamphetamine, fentanyl, codeine and alcohol. The defendant
subsequently admitted to drug use.
Case No. 1:21-cr-00165-WJM ~ Document 87 _ filed 09/20/22 USDC Colorado pg9

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. Simbeck, Chandler Petition on Pretrial Release
1:21-CR-00165-RM-12 Page - 4 12/7/2021

The defendant admitted to the supervising officer in Western District of Pennsylvania that he
had smoked heroin on September 26, September 29, and October 5, 2021.

On November 18, 2021, the defendant submitted an instant UA at the probation office,
which returned positive for methamphetamine/amphetamines and benzodiazepine. The
defendant adamantly denied use, indicating he had a prescription for several mental health
medications. The defendant indicated that he had also found an old bottle of his prescribed
Adderall in his belongings, that he had taken shortly before leaving the Western District of
Pennsylvania. As a result, the test was sent for confirmation and confirmed positive for d-
methamphetamine.

RESPECTFULLY REQUESTING THAT THE COURT WILL ORDER the issuance of a warrant
for violation(s) of pretrial release, and subsequent to the arrest of the defendant, that the Court
consider revocation of bond.

ORDER OF THE COURT

| declare under the penalty of perjury
that the foregoing is true and correct.

s/Heather Becker
United States Probation Officer
Date: December 7, 2021

Considered and ordered filed under seal and

made a partof th d in the above case.
s/Laura Ansart
Supervising Probation Officer S. Kato Crews

Magistrate Judge

Date: December 7, 2021 Date:12/07/2021


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