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

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UNITED STATES DISTRICT CO RT 7
for FEB - 5 200
DISTFIICT oouRT
DISTRICT OF ARIZONA QEDQSUS OF ARIZONA
B,L-_d____________ DEPUTY
United States v. Angel Lopez Garcia Docket No.
03CR00O668-003-PHX-FJl\/l(I\AS)
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Petition to Revoke Supervised Release I
COMES NOW PROBATION OFFICER David J. Ouellette presenting an official report on Angel
Lopez Garcia who was committed to the Bureau of Prisons on April 26, 2004 by the Honorable Lawrence
O. Anderson presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offender’s discharge from imprisonment on December
13, 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 to search of person, property, vehicles, business, and residence, to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
I 3. You shall provide the probation officer access to any requested financial information.
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 abstain from all use of alcohol or alcoholic beverages.
Angel Lopez Garcia was convicted of Felon in possession of a Firearm, A Class C Felony.
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U.S.A. v.`/-\ngeI Lopez Garcia 0
Docket No. 03CR000668—003-PHX-FJM
January 17, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 3: "You shall report to the Probation Officer 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."
Garcia failed to submit a written report within the first five days of January 2007. A Grade C
violation, §7B1 .1 (a)(3)(B).
B. 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 determined by the
probation officer."
Garcia failed to submit to drug testing on December 28, 2006 and January 9, 2007, as required
by the random urine testing program and verified by urinalysis logs provided by Southeastern
Arizona Behavioral l—leaith Services. AGradeCvioIation,§7B1.1(a)(3)(B). (Mandatory Revocation)
C. Violation of Special Condition No. 4:"You shall not be involved with gang activity, possess
any gang paraphernalia or associate with any person affiliated with a gang."
Based on information provided bythe Phoenix Gang Task Force, Garcia has associated by phone
with known members of the Mexican Mafia and other individuals with gang affiliations.
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U.S.A. v.‘AngeI Lopez Garcia O O
Docket No. 03CR000668-003-PHX-FJNI
January 17, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, l 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.
Reviewed and Submitted by
David J. Ouellette, Date
Supervisory U.S. Probation Officer
Rev' wed by
Ignn B. §cCormick Date 3
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 egg; The Court orders the issuance of a warrant.
Considered and ordered this dayof é ,20 02 and ordered filed and made
I - art ofthe reco s in e above case.
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The __‘•/ ·- »< ble Frederick J. Martone, ·
U.S. i · ct Judge
Defense Counsel:
Thomas Crowe `lff-ifi? lij-e ...1 r »~ll»__, , ,-tw
407 West Congress Street A J A ` ° “
Suite 501 __ __
Tucson, Arizona 85701-1310 gr if 5* Bibi g_
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