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

Flsiqfmzz"; O I O r
~ FII-ED ______LODGED
,. REG
UNITED STATES DISTRICT COU E"’E'” ·——°°"*
f¤l DEC 0 3 2007
DISTRICT OF ARIZONA CLERK U
S DISTRICT c
BY DISTRICT OF Anlzoglgm
United States v. Victor E. JACKSON, JR Docket No. 04 · use ‘ a':"·····-r ; - TY
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Rhonda Spencer presenting an official report on Victor
p E. JACKSON, JR. who was committed to the Bureau of Prisons on May 2, 2005 by the Honorable David
I G. Campbell presiding in the District Court of Arizona. A three-year period of supervised release was
I imposed, and supervision commenced upon the offender’s discharge from imprisonment on October 13,
I 2006. 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.
l
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 provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. 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.
6. The defendant shall participate in an approved program for domestic violence.
7. You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
8. You shall abstain from all use of alcohol or alcoholic beverages.
9. You shall cooperate in the collection of DNA as directed by the probation officer.
, 4
Victor E. Jackson, Jr. was convicted of ClR—assauIt with a dangerous weap&“§`A@EIVED
DEC 0 3 2007
, LJ. S. I¤I*iOl;sA`i°lON OFFICE
PHOENIX, ARIZONA
Case 2:04-cr—OO663-DGC Document 28 Filed 12/O3/2007 Page 1 of 3

Page 2;
U.S.A. v.~·Victor JACKSON • 0
Docket N0. 04CR00663—001-PHX-DGC p
Petition to Revoke Supervised Release
November 21, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. VIOLATION OF STANDARD CONDITION NO. 1: You shall not commit another federal, state,
or local crime during the term of supervision.
On October 27, 2007, the defendant committed: driving under the influence; reckless driving;
driving on a suspended license; driving with no headlights; speed greater than reasonably
prudent; and six counts of failure to stop at a stop sign. He was charged with all ofthese offenses,
with the exception of driving under the influence, by the Salt River Pima-Maricopa Indian
Community Court, case number T-08-0090. Grade C violation. §7B1.1(a)(3)(B).
B. VIOLATION OF SPECIAL CONDITION NO. 5: 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.
On October 31, 2006, the defendant was directed by the probation officer to attend behavioral
counseling with the Behavioral Health Department of the Salt River Pima-Maricopa Indian
Community. Upon recommendation of the assessment performed by this agency, the defendant
was directed to complete a three phase program of counseling. The defendant stopped reporting
to counseling in approximately July, 2007 and did not complete the program. Grade C violation.
§7B1.1(a)(3)(B).
C. VIOLATION OF SPECIAL CONDITION NO. 8: You shall abstain from all use of alcohol or
alcoholic beverages.
When arrested, the defendant appeared to be under the influence of alcohol. When asked by
officers how much he had drank, he stated, "l had a lot to drink, I feel good, 18 up." The defendant
refused to submit to field sobriety tests. Officers performed Horizontal Gaze Nystagmus tests and
were able to establish all six clues of impairment. He was arrested for driving under the influence.
Grade C violation. §7B1.1(a)(3)(B).
D. VIOLATION OF STANDARD CONDITION NO. 13: You shall immediately notify the probation
officer (within forty-eight hours if during a weekend or holiday) of being arrested or
questioned by a law enforcement officer.
The defendant failed to report police contact to the probation officer following his arrest on
October 27, 2007. Grade C violation. §7B1.1(a)(3)(B).
Case 2:04-cr—OO663-DGC Document 28 Filed 12/O3/2007 Page 2 of 3

Page 3’
U.S.A. ‘7PVf5t"or JACKSON • • l
Docket No. 04CR00663—001-PHX—DGC I
Petition to Revoke Supervised Release
November 21, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED I
ln conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
A 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 ///2// 02
Rhonda Spencer, Date
Senior U.S. Probation Officer S
Reviewed by (
. A ///41 [ U Q
David B. Colleran Date
Supervisory U.S. Probation Officer `°
Rev ewed by ,, _
l F, 3 is j V
J é @/42.22/ /// @@0 Z
_ as . Simon Date
Assistant U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supen/lsion, supported
by the above affirmation given under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this Zi day of xt/avgqén. , 20 07 and ordered filed and
made a part of the records in the above case.
The Honorable David G. Campbell,
U.S. District Judge
Defense Counsel:
Jeffrey A. Williams
850 West Adams Street
i Suite 201
Phoenix, Arizona 85007
Case 2:04-cr-00663-DGC Document 28 Filed 12/03/2007 Page 3 of 3

Case 2:04-cr-00663-DGC

Document 28

Filed 12/03/2007

Page 1 of 3

Case 2:04-cr-00663-DGC

Document 28

Filed 12/03/2007

Page 2 of 3

Case 2:04-cr-00663-DGC

Document 28

Filed 12/03/2007

Page 3 of 3