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

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DISTRICT OF ARIZONA
BY-..—..._._.__ DEPUTY
United States v. Kimberly Cordilla DAVIS wDocl¥efiIglo. 0j3CR01012-001-PHX-DGC
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Petition to Revoke Probation ' `
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on
Kimberly Cordilla DAVIS who was placed on probation on May 3, 2004, by the Honorable David G.
Campbell presiding in the District Court of Arizona. A three year period of probation was imposed. In
addition to the general terms and conditions adopted by the court in General Order 04-11, 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 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. You are prohibited from owning, maintaining or using a firearm.
On March 31, 2005, a petition to revoke probation was filed. Davis admitted to allegations A and B in
the petition on May 2, 2005. Disposition is currently set for December 7, 2005.
Kimberly Cordilla DAVIS was convicted of Ct. 1: Possession of Stolen Mail, a Class D felony in violation
of 18 USC § .1708.
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U.S.A. v. Kimberly Cordilla DAQ 0
Docket No. 03CRO1012-001-PHX-DGC
November 21, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 1: "You shall not commit another federal, state or local
crime during the term of supervision."
On June 2, 2005, in Maricopa County Superior Court, Davis was convicted of Possession of
Dangerous Drugs, a Class 4 felony in violation of A.R.S. §§ 13-3401, 3407, 3418, 610, 701, 702,
702.01, 801 , 901 .01(B) that occurred on September 6, 2004. She was sentenced to three years
probation as evidenced bythe attached sentencing minute entry. Grade B violation. §7B1.1(a)(2).
B. Violation of Standard Condition 3: "You shall report to the Probation Office as directed by
the Court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month."
Davis failed to report to the probation office as directed on June 23, June 28, July 7, and
September 14, 2005. Grade C violation. §7B1.1(a)(3).
C. Violation of Standard Condition 4: "You shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation officer."
Davis failed to follow the instructions of the probation officer on June 27, 2005, when she was
directed to remain at the probation office until she submitted to drug testing. Davis left the office
without doing so. Grade C violation. §7B1.1(a)(3).
D. 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 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."
Davis used marijuana on or about June 26, 2005, as evidenced by her handwritten admission
dated September 7, 2005. Grade C violation. §7B1.1(a)(3).
E. 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 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 tenn of supervision."
Davis used marijuana on or about August 25, and August 29, 2005, as evidenced by positive
urinalysis results and laboratory confirmation. The laboratory confirmation includes nanogram
levels that indicate new use between the two dates. Grade C violation. §7B1.1(a)(3).
Case 2:03-cr—01012-DGC Document 42 Filed 11/22/2005 Page 2 of 4

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U.S.A. v. Kimberly Cordilla DAQ O
Docket N0. 03CR01012-001—PHX—DGC
November 21, 2005
F. Violation of Standard Condition 11: "You shall not associate with any persons engaged in
criminal activity, and shall not associate with any person convicted of a felony unless
granted permission to do so by the probation officer."
Davis failed to report to the probation officer the fact that her husband, Paul Guy, is a convicted
felon. As evidenced by Maricopa County Superior Court records, he was convicted on January
14, 2005, of Possession of Dangerous Drugs For sale, a Class 2 felony; and on April 28, 2005,
he was convicted of Possession of Marijuana, a Class 8 undesignated felony. Grade C violation.
§7B1 .1(a)(3).
G. Violation of Standard Condition 12: "You shall permit a probation officer to visit at any time
at home or elsewhere and shall permit confiscation of any contraband observed in plain
view by the probation officer."
Davis failed to allow the probation officer to visit her on September 23, 2005, at St. Luke's
Behavioral Health Center. Grade C violation. §7B1.1(a)(3).
H. Violation of Standard Condition 1: "You shall participate as instructed by the probation
officer in a program of substance abuse treatmentwhich may include testing for substance
abuse. You shall contribute to the cost of treatment in an amount to be detemiined by the
probation officer."
On July 11, 2005, Davis was placed on the TASC UA line and assigned the color pine. She was
instructed to call every day starting July 13, 2005, and submit to drug testing when pine was
called. Davis failed to submit to drug testing on July 14, July 20, July 22, July 25, July 28, August
1, August 4, August 8, September 8, September 13, and September 15, 2005, as evidenced by
records from TASC. Grade C violation. §7B1.1(a)(3).
I. 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 by the
probation officer."
Davis failed to participate in testing for substance abuse by tampering with urinalysis testing on
July 8, and September 6, 2005, as evidenced by her handwritten admission. On those dates she
admitted she consumed a product called "Ready Clean" designed to mask the presence of drugs
in urinalysis testing. Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Kimberly Cordllla DAQ
Docket No. 03CR01012-001-PHX-DGC
November 21, 2005
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.
l y-g/-GP2
Eliza eth P. Simons Date
Senior U.S. Probation Officer
R Kiewed by
I j]& lf/QI/OE
Lori A. Wantland Date
Supervisory U.S. Probation Officer
Reviewed by
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Dante R. Drake 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 of perjury. The Court orders the issuance of a warrant.
Considered and ordered this 22,,1. day of Q¢•....»•··¢•·» , 20 gl`; and ordered filed and
m3 a part ofthe records in the above case.
The Honorable David G. Campbell
U.S. District Judge
Defense Counsel:
Milagros A. Cisneros
850 West Adams Street
Suite 201 -
Phoenix, Arizona 85007
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