Free Petition to Revoke Probation/Release - District Court of Arizona - Arizona

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. JAN 13 2006
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United States v. Robert Joseph RAMIREZ Docket No. 00PT00140—001-PHX-J ·
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Michael G. Wimmer presenting an ofhcial report on Robert
Joseph RAMIREZ who was found guilty of transportation of marijuana and was sentenced to ten years
imprisonment June 30, 1997, in the Fourth District Court of Chihuahua, Republic of Mexico. Pursuant
to U.S.C. § 4106A, the defendant's case was transferred to the United States November 21, 2000, to
continue serving the remainder of the sentence imposed by the foreign court. A 3-year period of
supervised release was imposed, and supervision commenced upon the offender's discharge from
imprisonment November 22, 2000. In addition to the standard conditions of supervision for transferee
pursuant to 18 U.S.C. § 4106A, the offenderwas ordered to comply with the following special conditions:
1. You shall reside in and participate in a program of the Halfway House as instructed by your U.S.
Probation Officer until discharged by the Center Director, but no laterthan 120 days from admission.
2. You shall be subject to the Special Alcohol Aftercare Condition which requires that you participate in
a community based program for treatment of alcoholism as directed by your U.S. Probation Officer.
You shall also abstain from the use of alcohol and/or all other intoxicants during and afterthe course
of treatment.
Jurisdiction was transferred to the District of Arizona January 8, 2001.
On May 15, 2001, supervised release was tolled by the Court for a period of 50 days due to Ramirez's
incarceration arising from a state conviction.
On April 3, 2002., the Court signed a Waiver and Order to modify the offenders supervised release
conditions to include the following:
1. You shall reside and participate in a community corrections centerfor up to 90 days and shall comply
with the rules of the facility.
2. You shall abstain from all use of alcohol or alcoholic beverages.
On November 12, 2002, supervised release was revoked after Ramirez was found to have violated the
terms and conditions by consuming alcohol. Ramirez was ordered to serve 4 months prison, followed
by a 32—month term of supervised release. Supervised release commenced upon the defendant's
release from imprisonment January 30, 2003. The following special conditions were ordered:
1. You shall participate as instructed by the probation officer in a program of substance abuse treatment
which may include testing for substance abuse. You shall contribute to the cost of treatment in an
amount to be determined by the probation officer.
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U.S.A. v. Robert Joseph RAIVIWQEZ "'J
’ Docket No. 00PT00140-001-PHX-JAT
January 13, 2006
2. You shall submit to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You shall reside and participate in a Recovery Homes Halfway House for up to 120 days and shall
comply with the rules of the facility.
4. You are prohibited from owning, maintaining, or using a firearm.
5. You shall abstain from all use of alcohol or alcoholic beverages.
On September 8, 2003, supervised release was revoked after Ramirez was found to have violated the
terms and conditions for leaving a treatment facility without authorization and failing to report to the
probation officer. Ramirez was ordered to serve 6 months in prison, followed by a 26-month period of
supervised release. Supervised release commenced upon his release from imprisonment December
15, 2003. The following special conditions were ordered:
1. You shall participate as instructed by the probation officer in a program of substance abuse treatment
which may include testing for substance abuse. You shall contribute to the cost of treatment in an
amount to be determined by the probation officer.
2. You shall submit to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You are prohibited from owning, maintaining, or using a firearm.
4. You shail abstain from all use of alcohol or alcoholic beverages.
On November 29, 2004, supervised release was revoked after Ramirez was found to have violated the
terms and conditions of supervision after he failed to report as directed, failed to submit monthly
supervision reports, and consumed alcohol. Ramirez was ordered to serve 9 months imprisonment,
followed by five (5) months supervised release, with the condition he be placed in a half-way house for
a period of 5 months. The Court ordered this 5 month period constitute the term of supervised release.
The following special conditions were also ordered:
1. You shall participate as instructed by the probation officer in a program of substance abuse treatment
which may include testing for substance abuse. You shall contribute to the cost of treatment in an
amount to be determined by the probation officer.
2. You shall submit to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You are prohibited from owning, maintaining, or using a firearm.
4. You shall abstain from all use of alcohol or alcoholic beverages.
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_ U.S.A. v. Robert Joseph RAl\/l&Z Q
` . Docket No. 00PT00140—001-PHX-JAT
January 13, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
Allegation A: Violation of Court Order: Upon release from imprisonment, the defendantshail be placed
on supervised release for a term of five (5) months, a condition of which is that the defendantbe placed
in a half-way house for a period of 5 months. This 5 month period constitutes the term of supervised
release.
Ramirezfailed to complete 5 months placement at Behavioral Systems Southwest (BSSW), a half-
way house program. He was unsuccessfully terminated from BSSW January 6, 2006, after he
failed to comply with the program rules and failed to make subsistence payments December 21,
2005; December 28, 2005; and January 4, 2006. A Grade C violation.
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U.S.A. v. Robert Joseph RAIVIYREZ W";
Docket No. OOPTOO140—0O1-PHX—JAT
January 13, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct to the best of my knowledge. Based on the information presented that the
offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
/\ /l L / ( / ?g0 6
Michael G. Wimmer Date
U.S. Probation Officer
Reviewed by
ij ifislce
Fred J. Chiiese Date
Supervisory U.S. Probation Officer
Reviewed by
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Dar y A. row Date
Assistant .S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given der, penalty of rjejury. The Court orders the issuance of a warrant.
Considered and ordered this I 2)* day of VV FQ , 2006 and ordered filed and
made a part of the records in the above case.
The Honorable James A. Teilborg
U.S. District Judge _ ___ g _ . .
Defense Counsel: g . I
Jeanette E. Alvarado
850 West Adams Street, Suite 201 _ _ g _ gl STI
Phoenix, Arizona 85007 3$i"’*-*¥‘ f.;_`;,`
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