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

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United States v. Kelley l\/lcNaughton Docket No. CR 03—00877-001- ` UM
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Carlos Valentin presenting an official report on Kelley
l\/lcNaughton who was committed to the Bureau of Prisons on June 6, 2005, by the Honorable James
A. Teilborg presiding in the District Court of Arizona. A 36 month period of supervised release was
imposed, and supervision commenced upon the offender’s discharge from imprisonment on November
15, 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.
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 shall participate in a mental health program as directed by the probation officer which may
l include taking prescribed medication. You shall contribute to the cost of treatment in an amount
I to be determined by the probation officer.
5. The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
6. You are prohibited from owning, maintaining or using a firearm.
7. You shall abstain from all use of alcohol or alcoholic beverages.
8. You shall cooperate in the collection of DNA as directed by the probation officer.
Kelley l\/lcNaughton was convicted of Possession of Stolen Firearms, a Class C felony, in violation ofTitle
18 United States Code §922(j) and 924(a)(2).
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{ UitS.A. v. Kelley McNaughton 0
Docket No. CR 03-00877-001-PHX-JAT
May 30, 2008
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 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.
McNaughton failed to report. She was directed to report to the probation officer within the first five days
of each month and failed to report and did not submit a truthful and complete written report for the
months of February, March, April and May 2008. Grade C Violation, §7B1.1(a)(3)
Allegation B. Violation of Standard Condition No. 4: You shall answer truthfully all inquiries by
the probation officer and follow the instruction of the probation officer.
On April 9, 2008, McNaughton lied to the probation officer about using illicit substances. She was asked
twice bythe probation officer ifshe had been using illicit substances and both times denied any drug use.
However, after a drug test administered registered a positive, she admitted she had not been truthful with
the probation officer. Grade C Violation, §7B1.1(a)(3)
Allegation C. Violation of Special 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.
1. McNaughton used methamphetamine. Shetested positive for methamphetamine on April 9, 2008,
and admitted she started using methamphetamine two months prior. Grade C Violation,
§7B1.1(a)(3)
2. McNaughton used marijuana. She admitted on April 9, 2008, that she had used marijuana a total
of four times in the two months prior to April 9, 2008. Grade C Violation, §7B1.1(a)(3)
Allegation D. Violation of Special Condition No. 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 determine by
the probation officer.
iVlcNaughton failed to contact a substance abuse treatment program for an initial assessment. She was
directed to attend a substance abuse assessment and was given an opportunity to either contact TASC
or the National Council of Alcohol and Drug Dependency and failed to contact either program for a
substance abuse assessment. Grade C Violation, §7B1 .t(a)(3)
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{_ UTS.A. v. Kelley ll/lcNaughton · · ·
Docket No. CR 03-00877-001-PHX—JAT
ll/lay 30, 2008
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.
g; S? B o -0%
Carlos Valentin Date '
U.S. Probation Officer “
Reviewed b I ' ~ B
. } (D O
Fred J. Chilese Date
Supervisory U.S. Probation Officer
ORDER OF COURT
l find there is probable cause to believe the offend r has violated conditions of supervision, supported
by the above affirmation given under penalty of •@, The Court ordersQe issuance of a warrant.
Considered and ordered this day of ____g·’ , 200 and ordered filed and
made a part of the records in the above case. ‘ P ~ ”_
r;T,;> Ei
5;%
. €JFhe Honorable James A. T ilborg _QTJgj.ij,
U.S. District Judge ‘-* .i.. g.j;i
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Defense Counsel:
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To be determined 'O ’
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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