Description: Denver, Colorado criminal defense lawyer represented the Defendant charged with

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In 2010, Mr. Martinez pleaded guilty to one count of traveling in
interstate commerce with intent to engage in illicit sexual conduct with a
juvenile female. He was sentenced to a term of imprisonment of sixty
months, to be followed by a lifetime term of supervised release.

Mr. Martinez began his term of supervised release in 2014. In 2020
and again in 2021, Mr. Martinez was “unsuccessfully discharged” from sex-
offender treatment programs and had his supervised release revoked for
engaging in deceptive behaviors. R. I at 22. He was sentenced to five months
in prison for the first revocation and ten months in prison for the second
revocation. His lifetime period of supervised release was continued on both
occasions.

In June 2022, Mr. Martinez was released from custody and reenrolled
in his prior sex-offender treatment program, Teaching Humane Existence
(THE). In August 2024, Mr. Martinez was “unsuccessfully discharged” from
THE due to violating rules and regulations outlined in his THE treatment
contracts. Id. This included failing to maintain a positive treatment
attitude, failing to complete homework assignments, failing to abide by the
requirements of his shared-living-arrangement agreement, utilizing an
unmonitored and unapproved internet-capable device, failing to attend an
adjunct mental health session, failing to comply with accountability
Appellate Case: 24-1467 Document:

standards at a process group session, and exhibiting a lack of transparency
with his community supervision team.

Following his discharge from THE, Mr. Martinez’s probation officer
filed with the district court a petition for warrant alleging Mr. Martinez
violated the terms and conditions of his supervised release by (1) failing to
comply with the rules and regulations of THE, (2) failing to maintain
employment, and (3) making false statements to his probation officer about
his efforts to obtain day labor. Attached to the petition was a copy of a
discharge summary prepared by Mr. Martinez’s primary therapist at THE.

Outcome: At the conclusion of the hearing, the district court found by a
preponderance of the evidence that Mr. Martinez failed to comply with the
rules and regulations specified by THE and, by doing so, also violated the
conditions of his supervised release. Based upon these violations and the
other two violations admitted by Mr. Martinez, the district court revoked
Mr. Martinez’s supervised release and sentenced him to a term of
imprisonment of fourteen months, to be followed by a ten-year term of
supervised release.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: