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

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United States v. James Allen LESTER ocket No. 02CR00922-02-PHX-FJM
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Petition to Revoke Supervised Release {SE
COMES NOW PROBATION OFFICER Teri A. Torres presenting an official report on James Allen
LESTER who was committed to the Bureau of Prisons on May 10, 2004, by the Honorable Frederick J.
Martone presiding in the District Court of Arizona. A three-year period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on May 18,
2005. 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 participate as instructed by the probation officer in a program of anger management
counseling. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer.
3. 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.
4. You shall provide the probation officer access to any requested financial information.
5. 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.
On November 22, 2005, Your Honor signed a Waiver and Order adding the following special condition:
6. You shall participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
On February 15, 2006, Your Honor signed a Waiver and Order adding the following special condition:
7. You shall abstain from all use of alcohol or alcoholic beverages.
On May 22, 2006, Your Honor signed a Waiver and Order adding the following special condition:
8. You shall reside and participate in a community corrections center for 180 days, unless
discharged earlier by the probation officer.
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· U.S.A. v. James Allen LESTERO •
Docket N0. 02CR00922-02-PHX—FJM
August 1, 2006
James Allen LESTER was convicted of Conspiracy to Possess With Intent to Distribute 50 Kilograms or
More but Less than 100 Kilograms of Marijuana.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 1: "You shall not commit another federal, state, or local
crime during the term of supervision."
1. On or about November 1 3, 2005, Lester committed the crime ofdriving under the influence
of alcohol. The probation officer received a message at 4:50 a.m. from Arizona Department
, of Public Safety indicating Lester was cited and released for Driving Under the Influence
I of alcohol. On December 20,2005, Lester was sentenced in North Valley Justice Court,
Glendale, Arizona for Driving Under the Influence of intoxicating Liquor (case number
2005-098059-001). He was ordered to complete 1 day jail, one year of summary probation,
alcohol screening, and $1,607 fine payable in $100 per month payments. A Grade C
Violation. §7B1 .4(a).
B. Violation of Standard Condition No. 3: "You shall report to the Probation Office 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."
1. Lester failed to report to the probation ofhce on the following dates: July 11; July 12; and
July 18, 2006. A Grade C Violation. §7B1.4(a).
C. Violation of Standard Condition No. 10: "You shall not associate with any persons engaged in
criminal activity, and shall not associate with any person convicted of a felony unless granted
permission to do so by the probation officer."
1. On or about July 18, 2006, Lester associated with Scott Frost, a person engaged in
criminal activity, without permission from the probation officer. A Grade C Violation.
§7B1 .4(a).
2. On or about July 18, 2006, Lester associated with Gustavo Ramon Briseno, a known
convicted federal felon for possession of marijuana with intent to sell, distribute or
dispense, without permission from the probation officer. A Grade C Violation. §7B1.4(a).
D. Violation of Standard Condition No. 12: "You shall immediately notify the probation officer
(within forty-eight hours(48) if during a weekend or a holiday) of being arrested or questioned by
a law enforcement officer."
1. Lester failed to notify the probation officer he had police contact on July 18, 2006. When
questioned on July 20, 2006, Lester stated he was going to discuss his police contact with
me on July 21, 2006. A Grade C violation. §7B1.4(a).
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·’U.S.A. v. James Allen LESTER° •
Docket No. 02CR00922—02-Pl—lX—FJI\/l
August 1, 2006
E. 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."
1. On or about October 17, 2005, Lester used cocaine as evidenced by a positive urine test
submitted on that date. Lester admitted he used cocaine with some friends while at a party
on October 15, 2005. A Grade C Violation. §?B1.4(a).
2. Lester failed to submit to urinalysis for the purpose of drug testing on or about June 30,
2006. A Grade C Violation. §7B1.4(a).
F. Violation of Special Condition No 6: "You shall participate in a Home Confinement Program
with electronic monitoring under the sanction of detention for a period of 180 days. You shall
contribute to the cost of electronic monitoring in an amount to be determined by the probation
, officer."
1. From April 2006 to May 2006, Lester violated the home confinement program by failing to
be at his place of employment during the scheduled time, and leaving his residence for
unapproved activities, such as going out to dinner with his girlfriend. A Grade C Violation.
§7B1.4(a).
G. Violation of Special Condition No. 7: "You shall abstain from all use of alcohol or alcoholic
beverages."
1. On July 25, 2006, Lester consumed alcohol. On July 26, 2006, Lester provided a positive
breathalyzer of .054 and .050. Lester admitted he consumed two glasses of wine at dinner
on July 25, 2006. A Grade C Violation. §7B1.4(a).
2. On July 31, 2006, Lester consumed alcohol. On August 1, 2006, Lester provided a positive
breathalyzer of 0.19 and 0.19. Lester admitted he consumed alcohol while at a bar on July
31, 2006. A Grade C Violation. §7B1.4(a).
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· u.s.A. v. James Allen LESTERD •
Docket N0. 02CRO0922-02-PHX-FJIVI
August 1, 2006
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.
rl Qkjfj I @///0;.;
Teri A. Torres Date
U.S. Probation Officer
Reviewed by
I gi r [06*
Fred J. Chilese Dat
Supervisory U.S. Probation Officer
Re wed by _
vid A. imsner Dag 3
2 Assista t 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 warrant.
Considered and ordered this 2 day of Z¢ d" , 20 Og and ordered filed and
made a part of the records in the above case.
The Honoiable Frederick J. Martone
U.S. District Judge
Defense Counsel:
Baltazar Iniguez
3106 N 16th St
Phoenix, AZ 8501 6-761 0
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