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

P Prob12.fmr ·
rr? .12iO4) ___ FILED ____ LODGED
rr • Q ,__ RECE __ COPY
UNITED STATES DISTRICT CO RT OC, I 0 200,
for
DISTRICT OI: ARIZONA ctsnx u s oisrnrcr count
oistnicr or ARizor~rA
sv___. - IZIAEIIH-
United States v. Jose Adolfo RODRIGUEZ-AVENDANO Docket No. 03CR00077-01-PHX-MHM
~ Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER ASSISTANT Melissa A. Sullivan presenting an official
report on Jose Adolfo RODRIGUEZ-AVENDANO who was committed to the Bureau of Prisons on March
31, 2003, by the Honorable Mary H. Murguia 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 February 18, 2005. In addition to the general terms and conditions adopted bythe
Court, the offender was ordered to comply with the following special conditions:
1. lf deported, you shall not re-enter the United States without legal authorization. °
Jose Adolfo RODRIGUELAVENDANO was convicted of illegal re—entry after deportation, 8 USC
§1326(a)&(b)(2), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE I
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
1. On orabout September 1 6, 2007, RODRIGUEZ—AVENDANO committed the crimes of possession
of a controlled substance, a felony and possession of controlled substance paraphernalia, a
misdemeanor. This is evidenced by Harbor Justice Court, case no: 07HF1916. Grade B
Violation, §7B1.1(a)(2).
2. On or about September 1 6, 2007, RODR|GUEZ—AVENDANO committed the new federal offense
of Re—entry After Deportation, a Class C felony. This is evidenced by Harbor Justice Court, case
no: 07HF1916. Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: lf deported, you shall not re-enter the United
States without legal authorization.
On or about September 16, 2007, RODRIGUEZAVENDANO entered the United States without
legal authorization. This is evidenced by his September 16, 2007, arrest by Newport Beach Police
officers in Newport Beach, California. This arrest was subsequent to his April 5, 2005,
deportation. Grade C Violation, §7B1.1(a)(3).
Case 2:03-cr—OOO77-MHM Document 19 Filed 10/10/2007 Page 1 of 2

Page 2 Q •
U.S.A. v. Jose Adolfo RODRI EZ-AVENDANO
Docket No. 03CROO077-01-PHX-MHIVI
October 3, 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, 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.
ri IWW ·&-¤i~¤~ 10/1:01
Melissa A. Sullivan Date
U.S. Probation Officer
Office Phone: (602) 682-4340 ‘
Cell Phone: (602) 770-6709
· · 10/1 /07
Fred Chilese Date
Supervisory U.S. Probation Officer
Office Phone: (602) 682-4374
Cell Phone: (602) 725-3615
Re wed by
S . ZW 40 4540 Z
J hn R. opez IV Date
Assistant U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supen/ision, supported
by the above affirmation given u der penalty of rj ry. The Court orders e issuance of a warrant.
Considered and ordered this Q day of . , 20C) and ordered filed and
made a part of the r cords in the above case.
xl
The Honora le Mary H. Murg 'a
U.S. District Judge ‘
Defense Counsel:
Jon M. Sands Q
222 North Central Avenue
Suite 810
· Phoenix, Arizona 85004
Case 2:03-cr—00077-l\/IHIVI Document 19 Filed 10/10/2007 Page 2 of 2

Case 2:03-cr-00077-MHM

Document 19

Filed 10/10/2007

Page 1 of 2

Case 2:03-cr-00077-MHM

Document 19

Filed 10/10/2007

Page 2 of 2