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

` I 0 FILED LODGED
_ RECEIVED oopv
UNITED STATES DISTRICT COU . _
for J}-IN 1 `8 2008
DISTRICT OF ARIZONA · CLERK U S DISTRICT COURT
DISTRICT OF Anrzorm
BY......_._____ nseurv
United States v. Cody Rea Kyyitan Docket No. 04CR00231—001—P " * V tl
Petition to Revoke Supervised Release -*1}
COMES NOW PROBATION OFFICER Sharon D. Werner presenting an official report on Cody
Rea Kyyitan who was committed to the Bureau of Prisons on November 1, 2004, by the Honorable Neil
V. Wake presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on January 13,
2006. The offenders supervised release was revoked on May 29, 2007, and Kyyitan was committed to
the Bureau of Prisons for eight months. A 28 month period of supervised release was imposed, and
supervision commenced upon the offenders discharge from imprisonment on December 3, 2007. 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, residence, office, or vehicle to a search conducted by a
probation officer, at a reasonable time and in a reasonable manner based on reasonable
suspicion of contraband or evidence of violation of a condition of release. Failure to submit to
search may be grounds for revocation. You shall warn other residents that the premises may be
subject to searches pursuant to this condition.
3. You shall maintain fuII—time employment and/or schooling as directed by the probation officer.
4. You shall not contact the following victim or any members of her family without prior consent of
the probation officer and the probation officer will verify compliance. g
5. You shall abstain from all use of alcohol or alcoholic beverages.
As ordered at revocation on May 29, 2007:
1. You shall reside and participate in a residential re—entry center for 180 days, unless discharged
earlier by the probation officer.
Cody Rea Kyyitan was convicted of assault with a dangerous weapon.
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U.S.A. v. Cody Rea Kyyitan O
Docket No. 04CR00231-001-PHX-NVW
January 11, 2008
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of special condition No. 5: "You shall abstain from all use of alcohol or alcoholic
beverages."
On December 31, 2007, Kyyitan consumed alcohol as evidenced by the observations of
Department of Public Safety (DPS) ofhcer Contez. On December 31, 2007, DPS officer Contez
encountered the offender at approximately 3:00 a.m. as Kyyitan and others approached an
abandoned vehicle on the freeway. The officer noted Kyyitan was inebriated. The officer indicated
Kyyitan had bloodshot and watery eyes and a moderate odor of alcohol emanated from the
offender. On January 4, 2008, Kyyitan admitted to the undersigned he consumed alcohol on
December 31, 2007.
Grade C violation. §7B1 .1 (a)(3)(B).
B. Violation of post revocation special condition No.1: "You shall reside and participate in a
residential re-entry center for 180 days, unless discharged earlier by the probation ofiicer."
Kyyitan failed to reside and participate in a residential re-entry center for 180 days. The offender
was placed at Behavioral Systems Southwest (BSSW) in Phoenix on December 3, 2007. On
December 31, 2007, at approximately 3:00 a.m., Kyyitan was arrested by the Department of
Pubiic Safety in Phoenix on outstanding warrants. The offender was not authorized to leave
BSSW when he was encountered in the community and he was subsequently terminated from
the program.
Grade C violation. §7B1.1(a)(3)(B).
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U.S./-\. v. Cody Rea Kyyitan O
Docket No. 04CRO0231-001-PHX-NVW
January 11, 2008
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, I am petitioning the Court to issue a warrant.
I fuer
. erner Date
Senior U.S. Probation Officer
Office Phone: 602-682-4306
Cell Phone: 602-725-3613
Reviewed by
[ [ ‘¢ io S
Neil Graber Date
Supervisory U.S. Probation Officer
Office Phone: 602-682-4368 _
Cell Phone: 602-725-3590
Re wed by _
- / J1 /[/J/[U f?
aron . Sexton 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 unda? penalty ofgerjury. The Court orders the issuance of a warrant.
Considered and ordered this [7 kciay of A u~/Art; , 20 Of and ordered filed and
made a prt of the records in the above case.
The Honorable Neil V. Wake
U.S. District Judge
Defense Counsel:
Joanne F. Landfair
850 West Adams Street
Suite 201 I
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