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

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United States v. Barry Christopher Defroe Docket No. 04CR00468-002-PHX—SMM
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COMES NOW PROBATION OFFICER Carlos De La Toba presenting an official report on Barry
Christopher Defroe who was placed on probation on June 9, 2005 by the Honorable Stephen M.
McNamee presiding in the District Court of Arizona. A five year period of probation was imposed. 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 Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 6 months. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
7. You shall support your lawful dependants.
8. You shall abstain from all use of alcohol or alcoholic beverages.
Barry Christopher Defroe was convicted of False Statements During Firearms Acquisition, a Class D
Felony Offense, in violation of 18 USC § 924(a)(1)(A) and (2).
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U.S.A. v. Barry Christopher Deliue _ - wr
Docket No. 04CR00468-002-PHX-SMM
November 7, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 2.: "You shall not leave the judicial district or other
specified geographic area without the permission of the Court or probation officer."
The offendertraveled to Oklahoma from January 6 to January 10, 2006, without authorization, as
evidence by the testimony ofthe United States Probation Officer, Carlos De La Toba. The officer
learned of this travel after the offender disclosed that he had failed to submit a urine sample on
January 7, 2006, because he was on the above noted travel. Grade C Violation. §7B1.1(a)(3).
B. Violation of Standard Condition No. 7: "You shall notify the probation officer at least ten
days prior to any change of residence or employment."
The offenderfailed to notify the supervising Probation Officerten days priorto changing his place
of employment as evidenced by the testimony of the United States Probation Officer Carlos De
La Toba. On May 12, 2006, USPO De La Toba attempted to contact the offender, via telephone,
at his employment, and was informed that he had changed employment. On May 15, 2006, the
offender reported to the probation office. He acknowledged he had quit his job in February 2006,
and could not explain why he had failed to notify his Probation Officer. Grade C Violation.
§7B1.1(a)(3).
C. 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."
The offender used marijuana on or about August 15, 2006, September 7, 2006, and October 11,
2006; as evidenced by records from U.S. Pretrial Services Laboratory. A Grade C Violation.
§7B1.1(a)(3).
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U.S.A. v. Barry Christopher Define _ - sd
Docket No. 04CR00468-002-PHX-SMM
November 7, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln 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.
//47405
Carlos De La Toba Date
U.S. Probation Officer
Review d by
//·· 7- 00
· rbara C. Logan Date
upervisory U.S. Probation Officer
Rev' wed by
1/ i [K f/ [ 2 7gO ¢
i hael . Lee Date
Assistant U.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 under penalty ofqpyjury. The Court orders the issuance of a warrant.
Considered and ordered this J2 day of »-•¢•.»»é4-a , 20¢6 and ordered filed and
made a part of the records in the above case.
The Honorai ble Stephen M. McNamee,
U.S. District Judge
Defense Counsel:
Baltazar Iniguez
3106 N. 16"‘ Street
Phoenix, Arizona 85016-7610
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