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

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United States v. Justin Abbate · Docket No. 04CR50167—001—SRB—PHX
Petition to Revok Supervised Release
COMES NOW PROBATION OFFICER Kathy Wirtz presenting an official report on Justin Abbate
who was committed to the Bureau of Prisons on on July 29, 2002, by the Honorable Larry R. Hicks
presiding in the District Court of Nevada. A five-year period of supervised release was imposed, and
supervision commenced upon the offender's discharge from imprisonment on July 7, 2003. Jurisdiction
was transferred to the District of Arizona October 1, 2004. In addition to the general terms and
conditions adopted by the court, the offender was ordered to comply with the following special conditions:
1. The defendant shall not possess, have under his control, or have access to any firearm, explosive
device, or other dangerous weapons, as defined by federal, state, or local law.
2. The defendant shall submit to a search of his person, property, residence or automobile under
his control by the probation ofhcer, or any other authorized person under the immediate and
personal supervision of the probation officer without a search warrant to ensure compliance with
all conditions of release.
3. The defendant shall participate in and successfully complete a substance abuse treatment
program, which will include drug testing, outpatient counseling, or residential placement, as
approved and directed by the probation officer.
4. The defendant shall participate in and successfully complete a mental health program, which may
include outpatient counseling or residential placement, as approved and directed but he probation
officer.
5. The defendant shall be prohibited from incurring new credit charges, opening additional lines of
credit, or negotiating or consummating any financial contracts without the approval of the
Probation Officer.
6. The defendant shall provide the probation officer access to any requested financial information,
including personal income tax returns, authorization for release of credit information, and any
other business information in which he has a control or interest.
On November 7, 2003, afterthe defendant failed to submit to drug testing, the following special condition
was added via Waiver and Order: ‘
7. You shall complete 16 hours of community service, as approved and directed by the probation
officer. _
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U.S.A. v. Justin Abbate" • 0
Docket No. 04CR50167-001-SRB-PHX
June 9, 2008
On January 23, 2004, after the defendant failed to submit to drug testing and attend counseling and
admitted to cocaine use, the following special condition was added via Waiver and Order:
8. You shall complete 40 hours of communitylservice as approved and directed by the probation
officer.
On I\/Iarch 2, 2004, after the defendant failed to attend substance abuse counseling and tested positive
for alcohol use, the following special condition was added via Waiver and Order:
9. You shall be confined to home confinement with electronic monitoring, if available, for a period
of one month. You shall pay 100 percent of the costs of electronic monitoring.
On November 1, 2004, after the defendant committed the crime of driving under the influence, the
following special conditions were added via Waiver and Order:
10. You shall reside and participate in a community corrections center for 120 days, unless
discharged earlier by the probation officer. You shall contribute to the cost of the program. ·
11. You are prohibited from consuming alcohol.
On December 14, 2007, after the defendant submitted two positive drug tests, failed to complete a
substance abuse intake assessment, and admitted having contact with a convicted felon without
obtaining the probation officer’s approval, the following special condition was added via Waiver and
Order:
12. You shall participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 180 days. You shail contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
On April 1, 2008, the defendant was reinstated on supervised release after admitting to a violation of
special condition no. 12, violating his home confinement schedule. He was reinstated under the same
special conditions and ordered to remain on home confinement for the duration of his term of supervised
release, which is scheduled to expire July 6, 2008. The Court also ordered the probation officer to file
a petition inthe event the defendant committed any more violations of supervised release.
Justin Abbate was convicted of Distribution ofa Controlled Substance, in violation of21 USC § 841 (a)(1)
and (b)(1)(A)(v), a class A felony. -
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 9: You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. § 801} or any paraphernalia related to such substances, without a
prescription by a licensed medical practitioner. Possession of controlled substances will result
in mandatory revocation of your term of supervision.
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U.S.A. v. Justin Abbaté 0
Docket N0. 04CR50167—001—SRB—Pl-IX
June 9, 2008
1. The defendant used methamphetamine on or about May 23 and 28, 2008, as evidenced by
positive urinalysis tests provided on said dates as well as a signed admissions of drug use
dated June 3, 2008. Grade C violation.
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS BE
ISSUED
In conformance with the provision of 28 U.S.C. § 1748, 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 summons.
" R M I 14/ 6:912008
Kathy irtz, Date
U.S. Probation Officer
Review by
g I C; I e @3
Fred Chilese Date '
Supervisory U.S. Probation Officer
ORDER OF COURT
I find there is probable cause to believe the offende has 'olated conditions of supewisioigsupribrted
by the above affirmation given under penalty of pe . he Court orders th issuance of ¢§urbir§ons.
Considered and ordered this lg day of , 20 0% and order§ filétfiaiid
made a part of the records in the above case. -——— ,‘ii, 7
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E *;Y‘;T;i~·?
The Honorable Susan R. Bolton, r .·:·- >`Z%;jjE
U.S. District Judge C"
Defense Counsel:
Deborah L. Williams
850 West Adams Street
Suite 201 ‘
Phoenix, Arizona 85007
JUN 1 12008
U. S. PROBATION OFFICE _
PHOENIX. ARIZONA
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