Case 1:16-cr-00067-RM Document 92 Filed 12/05/16 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Criminal Action No. 16-cr-00067-RM
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROCKY ALLEN,
Defendant.
______________________________________________________________________________
ORDER TO SHOW CAUSE
______________________________________________________________________________
THIS MATTER is before the Court sua sponte upon consideration of (i) matters reported
with respect to Defendant, (ii) a review of ECF No. 67, (iii) a review of sentencing proceedings
in this matter, and (iv) a review of 18 U.S.C. 401(3). Based on the foregoing, it appears as
follows:
(A)

Prior to sentencing, through counsel, Defendant requested as part of his motion

for variant sentence (ECF No. 67) that he be permitted to voluntarily surrender for service of his
sentence and that he be allowed to travel to Idaho to visit with sister and other family prior to
his surrender.
(B)

On November 7, 2016, at the end of the sentencing hearing and in the presence of

Defendant, his counsel brought to the Courts attention the motion and request for Defendants
being allowed to travel to his familys home in Idaho.
(C)

The Court ruled that the motion and request were Denied.

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(D)

On or about November 21, 2016, Defendant contacted his supervising probation

officer, Seth Junker, and advised that he wanted to surrender early for service of his sentence.
Defendant was instructed to and did make arrangements with his case manager at the halfway
house, where he was residing as a condition of bond, to leave on the morning of November 23,
2016 to travel to the BOP facility at Sheridan, Oregon.
(E)

Defendant left on the morning of November 23, 2016, but did not travel to

Sheridan, Oregon. Instead, notwithstanding and in disobedience of and resistance to the Courts
order and ruling of November 7, 2016, Defendant traveled to Idaho to visit and spend time with
his family.
(F)

On or about December 2, 2016, Mr. Junker contacted FCI Sheridan and learned

that Defendant had not self-surrendered. Defendant was telephonically contacted by Mr. Junker
and, in that conversation, advised Mr. Junker that he (Defendant) was in Idaho at his sisters
residence spending time with family.
(G)

Defendant attempted to self surrender only after speaking to Mr. Junker.

(H)

Defendant is now being returned to this District under separate process.

ACCORDINGLY:
It is hereby ORDERED that, upon Defendants return to this District, Defendant shall be
brought before this Court for initiation of proceedings pursuant to Rule 42, Fed.R.Crim.P., and to

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show cause why he, ROCKY ALLEN, should not be held in CRIMINAL CONTEMPT for his
conduct.
DATED this 5th day of December, 2016.
BY THE COURT:

________________________________________
RAYMOND P. MOORE
United States District Judge