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


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Date: December 7, 2006
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State: Arizona
Category: District Court of Arizona
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United States v. Jesse Valdez Docket No. 04CR50162—001-PHX-ll/IHM
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Myra Roper presenting an official report on Jesse Valdez
who was committed to the Bureau of Prisons on June 14, 2005, by the Honorable Mary H. Murguia
presiding in the District Court of Arizona. A 28-month period of supervised release was imposed, and
supervision commenced upon the offender's discharge from imprisonment on November 29, 2005. In
addition to the general terms and conditions adopted by the court, the offender was ordered to comply
with the following special conditions: .
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 your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
3. You shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall abstain from all use of alcohol or alcoholic beverages.
Valdez was originally convicted of Transporting Illegal Aliens and sentenced on October 3, 2003, in the
District of New Mexico. Jurisdiction was transferred to the District of Arizona on October 4, 2004. On
June 14, 2005, supervised release was revoked and Valdez was sentenced to 8 months prison with 28
months supervised release to follow.
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 Ace (21 USC §801) or any paraphernalia related to such substances, without a
prescription by a licensed medical practitioner."
On or about December 14, 2005, Valdez used methamphetamine as evidenced by a positive urine test
submitted that date and his admission that he used the drug on December 9, 2005. On or about
l November 1 1, 2006, Valdez used methamphetamine as evidenced bya positive drug test submitted that
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U.S.A. v. Jesse Valdez
Docket No. 04CR50162—001-PHX-MHIVI
November 30, 2006
B) Violation of special condition no. 1: "You shalt participate as instructed by the probation officer
in a program of substance abuse treatment which may include testing for substance abuse. You
shall contribute tothe cost of treatment in an amount to be determined by the probation officer."
l On November 18, 2006, Valdez left the Recovery Homes inpatient treatment program without
permission. A Grade C violation.
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED `
ln confonnance 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.
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Myra R er, Date
Senior U.S. Probation Officer
eviewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Re iewed by l
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D rcy A. erow Date
Assistant U.S. Attorney
ORDER OF COURT
I tind there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of p jury. T Cou orders e issuance of a warrant.
Considered and ordered this Q day of l , 20 and ordered filed and
made a part of the records in the abov . : e.
*2.* \“
The Honorable r ary . Mur
U.S. District Judge
Defense. Counsel: Joanne F. Landfair (Appointed) .
331 N. 1** Ave., Suite 150
Phoenix, Arizona 85003
j l Case 2:04-cr-50162—l\/IHl\/I Document 19 Filed 12/05/2006 Page 2 of 2
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