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

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UNITED STATES DISTRICT C URT _ 1
for JAN 2 ts 2006
DISTRICT OF ARIZONA CLERK ci r,.ierrr:c‘i‘ COURT
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United States v. ..lAA'I\/IAR Keifu LAVENDER Docket N0. 04CR00468—OO1—PHX—Sl\flI\/i
Petition to Revoke probation Y AED
COMES NOW PROBATION OFFICER R. Scott Stipe presenting an official report on JAA'lVIAR
LAVENDER who was placed on probation on June 9, 2005, by the Honorable Stephen lvl. IVlcNamee
presiding in the District Court of Arizona. A 36 month period of probation was imposed. in addition to
the general terms and conditions adopted by the court in General Order O4-1 1, the offenderwas 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 are prohibited from owning, maintaining or using a firearm.
4. You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
5. You shall cooperate in the collection of DNA as directed by the probation officer.
6. You shall support all lawful dependents.
7. You shall participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
JAA'l\/IAR LAVENDER was convicted of conspiracy, a Class D felony involving firearms.
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U.S.A. v. JAA'I\/IAR LAVENDEW · ‘*¤v’
Docket N0. 04CR00488-001—PHX—SMM
January 12, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of standard condition 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
USC § 801 ) or any paraphernalia related to such substances, without prescription by a licensed medical
practitioner. Possession of controlled substances will result in mandatory revocation of your term of
supervision."
Lavender submitted urine samples that tested positive for marijuana use on December 5, 2005,
and December 28, 2005. A Grade C violation. 7B1 .1(a)(3)(B).
B. Violation of special condition 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 bythe probation officer."
Lavender failed to submit urine samples for testing on 09/30/2005, 10/3/2005, 10/13/2005,
10/31/2005 and 11/04/2005. A Grade C violation. 7B1.1(a)(3)(B).
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U.S.A. v. JAA‘l\/IAR LAVENDEYV -· - tv"
Docket No. 04CR00468-001-PHX—Sl\/ll\A
January 11, 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, l am petitioning the Court to issue a warrant.
lg l Z/6%
. Scott Stipe, _ I A Date
U.S. Probation Officer
Reviewed by
[ `; r/12//ag, '
Neil Graber Date
Supervisory U.S. Probation Officer
Re [wed by 7
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hael . Lee Dat
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 of perjury. The Court orders the issuance of a warrant.
Considered and ordered this df clay of 20 66 and ordered filed and
made a part of the records in the above case.
The gonorable Stephen Ni. McNamee,
Chief U.S. District Judge
Defense Counsel:
Philip A. Seplow
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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