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

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United States v. Marilyn G. FISHER Docket N0. - —
Petition to Revoke Probation / ""
COMES NOW PROBATION OFFICER Darin Myler presenting an official report on Marilyn G.
FISHER who was convicted of establishment of manufacturing operation and was placed on probation
on September 12, 2005 by the Honorable Stephen M. lVlcNamee presiding in the District Court of
Arizona. A five year period of probation was imposed. ln 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 participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 60 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
3. You shall participate in a mental health program as directed by the probation officer which my
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
4. You are prohibited from owning, maintaining or using a firearm or other destructive device.
5. You shall abstain form all use of alcohol or alcoholic beverages.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation ofsgecial 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 determined by the
probation officer.
On or about October 17, 2005, Fisher was instructed by her probation ofHcer to participate in
substance abuse treatment. On March 30, 2006, Fisher was unsuccessfully terminated from
TASC substance abuse treatment for being a disruption to a group treatment session. A Grade
C violation. §7B1.‘l(a)(3)(B).
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U.S.A. v. Marilyn G. FISHER 0 ~ » O
Docket N0. 03CR00421-013-PHX-SMM
May 15, 2006
B. Violation of special condition 5: You shall abstain form all use of alcohol or alcoholic
beverages.
On or about April 24, 2006, Fisher used alcohol as evidenced by her admission and an electronic
alcohol breath test.
On or about May 5, 2006, Fisher used alcohol as evidenced by an electronic alcohol breath test.
Both Grade C violations. §7B1.1(a)(3)(B).
C. Violation of standard condition 4: You shall answer truthfully all inquiries by the probation
officer and follow the instructions of the probation officer.
On or about May 5, 2006, after an electronic breath test registered 0.055, this officer instructed
Fisher to submit to a second electronic breath test. She refused. A Grade C violation.
§7B1.1(a)(3)(B).
D. 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.
On or about April 5, 2006, this officer called Fisher and announced a home contact would occur
in about ten minutes. Fisher acknowledged she was home and did not indicate she was
unavailable. This officer arrived at Fisher's residence aboutten minutes later and knocked on the
front door and rang the door bell. Fisher refused to answer the door and allow her probation
officer to make contact. A Grade C violation. §7B1.‘l(a)(3)(B).
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U.S.A. v. Marilyn G. FISHER 0 — -· O
Docket No. 03CR00421-013-PHX-SMM
May 15, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS 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 petition the Court to issue a summons.
Sl 4,, - ..., . 5; I rg.;
Darin Myl Date
U.S. Probation Officer
Reviewed by C
3 /;Jx_J;._,é MX gf r r'/¢ L
Neil Graber Date
Supervisory U.S. Probation Officer
Rev' ed by
Q .¢¢r/'/ 0/Q 7; O Q
i h E. V rcauteren 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 .
Considered and ordered this _a@_day of @ , 2066 and ordered fi and
made a part of the records in the above case.
4w.··»·»»·»·‘¤‘
The Honorable Stephen M. McNamee
U.S. District Judge
Defense Counsel:
Joanne F. Landfair
331 North 1*** Avenue
Suite 106
Phoenix, Arizona 85003-4528
(602) 452-2945
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