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

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United States v. Sergio Pedro Alcaraz Docket No. 03CR00288-001-PHX-EHC
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Pascual Linarez presenting an official report on Sergio
Pedro Alcaraz who was committed tothe Bureau of Prisons on June 16, 2003 by the Honorable Earl H.
Carroll 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 September 3, 2004.
In addition to the general terms and conditions adopted bythe court in General Order 04-1 1 , 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 (inciuding but not limited to computer, eiectronic 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
info any financial contracts without the prior approval of the probation officer.
5. You are prohibited from owning, maintaining or using a firearm.
6. You shall seek and maintain verifiable employment and not change your place of employment or
residence without the prior approval of the probation officer.
Sergio Pedro Alcaraz was convicted of importation of less than 50 kilograms of marijuana, in violation
of § 21 U.S.C. 952, and 960(b)(4), a Class D felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition Number 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. Grade C vi0Iation.·§ '!B1.1(a)(3)(B).
Mr. Alcaraz failed to participate in a program of substance abuse by failing to report for drug
testing to the U.S. Probation Office on August 9, 2005.
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U.S.A. v. Sergio Pedro Alcaraz • 0
Docket No. 03CR00288-001-PHX-EHC
September 8, 2005
B. Violation of Standard Condition Number 2: You shall not leave the judicial district or other
specified geographic area without the pem1ission of the Court or probation officer. Grade
C violation. § 7B1.1(a)(3)(B).
On August 30, 2005, Mr. Alcaraz left the District of Arizona and traveled to Laughlin, Nevada,
without the written permission of the Court or the probation officer, as evidenced by Las Vegas
Metropolitan Police Department-Laughlin Substation Arrest Report No.: 050829-3279.
C. Violation of Standard Condition Number 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.
Grade C violation. § 7B1.1(a)(3)(B).
On August 23, 2005, Mr. Alcaraz used a controlled substance (cocaine), as evidenced by Quest
Diagnostics Laboratory Confirmation, Specimen No.: 4169070-2005.
, In addition, on August 30, 2005, Mr. Alcaraz was in possession of a controlled substance
i (methamphetamine), as evidenced by Las Vegas Metropolitan Police Department-Laughlin
i Substation Arrest Report No.: 050829-3279.
D. Violation of Standard Condition Number 15 and Special Condition Number 5: You shall
) refrain from possessing a firearm, ammunition, destructive device, or other dangerous
p weapon. Possession of a fireami will result in mandatory revocation of your term of
i supervision. Grade C violation. § 7B1.1(a)(3)(B).
On August 30, 2005, Mr. Alcaraz was in possession of a loaded 45 Caliber handgun, as
evidenced by Las Vegas Metropolitan Police Department-Laughlin Su bstation Arrest Report No.:
050829-327Q.
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USTA. v. Sergio Pedro Alcaraz •
Docket No. 03CR00288—O01-PHX-EHC
September 8, 2005
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.
Pascual Linarez, Date
U.S. Probation Officer
Reviewed by
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Abelardo R. Colores Date
Supervisory U.S. Probation Officer .
Re i wed by
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Ti An ews Da e
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 pe jury. The Court orders the issuance of a warrant.
Considered and ordered this /'+ day of 20¢>,5f' and ordered filed and
made a part of the records in the above case.
The Honorable Earl H. Carroll,
Senior U.S. District Judge
Defense Counsel:
Greg Torok
209 West Second Street
Yuma, AZ 85364
(928) 343-4811
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