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

P Pr0b12.frm ‘
IF; ,2,4) FILED _____ LODGED
R EV I · • _____FlECElVED ____COPY
UNITED STATES DISTRICT COU "T I ma
f MAY 4
or
DISTRICT or ARIZONA °L‘§,f}g‘,‘g,,§,$§§*}Q,‘§§§,‘§§‘“T
BY DEPUTY
United States v. James Allen LESTER lll Docket No. 02CR00922—002-PHX—FJM
Petition to Revoke Supervised Release /I;
COMES NOW PROBATION OFFICER R. Scott Stipe presenting an official report on James Allen
Lester III who was committed to the Bureau of Prisons for 27 months on May 10, 2004, by the Honorable
Frederick J. Martone presiding inthe District Court ofArizona. A three year period of supen/ised release
was imposed, and supen/ision commenced upon the offender’s discharge from imprisonment on May
18, 2005. On October 10, 2006, Lester’s supervision was revoked, he was committed to the Bureau of
Prisons for four months with a 32 month period of supervised release to follow incarceration. Lester’s
supervision commenced on December 8, 2006. 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 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 are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. You shall participate in a mental health/anger management program as directed by the probation
officer which may include taking prescribed medication. You shall contribute to the cost of
treatment in an amount to be determined by the probation officer.
6. You shall reside and participate in a residential re-entry center for 180 days, unless discharged
earlier by the probation officer.
7. The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
8. You shall abstain from all use of alcohol or alcoholic beverages.
9. You shall participate in a 12—step residential substance abuse treatment program.
Case 2:02—cr—00922-FJM Document 447 Filed 05/14/2008 Page 1 of 3

Page 2
`U.S.A7 v. James Allen Lester lll. ·
Docket No. 02CR00922—002—PHX-FJM
May 6, 2008
James Allen LESTER was convicted of Conspiracy to Possess with Intent to Distribute50 Kilograms or
More but Less than 100 Kilograms of Marijuana, a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE .
AS FOLLOWS:
A. Violation of Standard Condition 1: "You shall not commit anotherfederal, state, or local crime during
the term of supervision."
On April 23, 2008, the defendant was convicted in the Phoenix Municipal Court, Complaint #13535946,
of Driving Under the Influence of Alcohol on March 04, 2008, A.R.S. § 28—1381A1 and 28—1381A2, a
second offense misdemeanor. A Grade C violation. 7B1.1(a)(3)(A)
B. Violation of Special Condition 8: "You shall abstain from all use of alcohol or alcoholic beverages."
On or about March 4, 2008, the defendant used alcohol and Phoenix Police had the defendant submit
to an intoxllyzer test. His Blood/Alcohol levels were .137% and .135%. A Grade C violation.
7B1.1(a)(3)(B)
Case 2:02—cr—00922-FJM Document 447 Filed 05/14/2008 Page 2 of 3

Page '3
USA? v. James Allen Lester IIIO •
Docket No. O2CROO922-002-PHX-FJM
May 6, 2008
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 am petitioning the Court to issue a summons.
5//pg
R. Scott Stipe Date
Senior U.S. Probation Officer
Reviei by
Z/Z%¢ %4¤¤°
David B. Colleran Date _
Supervisory U.S. Probation Officer
Reviewed f
, .-¢· `( ( j} / 0 V
David A. imsner Date
Assistant U.S. Attorney
ORDER OF COURT 0
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 summons.
Considered and ordered this [ 3 day of , 20 037 and ordered filed and
mad part of the records in the above case. ?;
I- I/A v
The 5 ra e rederick J. Martone
U.S. Distric Judge
Defense Counsel: _ _ M _
`iis =o it § 35;;;
Baltazar Iniguez (Appointed) A . _ .
slots North 16*** street sg ; ;; ··ra.
Phoenix, Arizona 85016 iQ}?. w fj ` E`
Case 2:02—cr—00922-FJl\/l Document 447 Filed 05/14/2008 Page 3 of 3

Case 2:02-cr-00922-FJM

Document 447

Filed 05/14/2008

Page 1 of 3

Case 2:02-cr-00922-FJM

Document 447

Filed 05/14/2008

Page 2 of 3

Case 2:02-cr-00922-FJM

Document 447

Filed 05/14/2008

Page 3 of 3