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

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DISTRICT OF ARIZONA CLERK U S BISTRICT COURT
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United States v. Efrain RIVAS-GARCIA Docket N0. 02 R00921-001- """ .
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Petition to Revoke Supervised Release I
COMES NOW PROBATION OFFICER Alicia R. Pineda presenting an official report on Efrain
RIVAS-GARCIA who was committed to the Bureau of Prisons May 12, 2003, by the Honorable Roslyn
O. Silver presiding in the District Court of Arizona. A 36-month period of supervised release was
imposed, and supervision commenced upon the offnder's discharge from imprisonment January 27,
2006. In addition to the general terms and conditions adopted by the 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.
Efrain RIVAS-GARCIA was convicted of illegal Re—entry After Deportation, a violation of 8 USC §1326(a)
& (b)(2), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
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.
On or about May 17, 2006, Rivas—Garcia committed the new state offenses of Count one: Misconduct
Involving Weapons, a violation of ARS 13-3102, and Count two: Possession or Use of Narcotic Drugs,
a violation of ARS 13—3406, both Class 4 felonies. This was evidenced by an indictment filed in the
Maricopa County Superior Court, Phoenix, case no. CR2006127428-001 DT. Court proceedings are
pending. Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: if deported, you shall not re-enter the United
States without legal authorization.
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On or about May 17, 2006, Rivas-Garcia entered the United States without le§§al aut®rizatioi_;l_? This was
evidenced by his May 17, 2006 arrest by the Phoenix Police Department. His arrest was gbsequent
to his February 7, 2006 deportation. Grade C Violation, §7B1.1(a)(3). 2 § §;’E`}‘§ ‘-ii a. tri?
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Case 2:02-cr—OO921—ROS Document 37 Filed O7/06/2006 Paget of2

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U.S./-\. v. Efrain RIVAS-GAR! O
Docket No. 02CROO921-001-PHX-ROS
June 28, 2006
AFFIDAVIT AND PETITION PRAYING THATTHE 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.
Mag,/€·@ M/Mr
Alicia R. Pineda, Date
U.S. Probation Officer .
Reviewed by
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ori A. Wantland Date
Supervisory U.S. Probation Officer
Re ' wed by
{ &{g,.·../·" G/Ci & {ld @
n R. pez IV 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 penalt perjury. The Court orders the issuance of a warrant.
Considered and ordered this 5 day .= -·..,, U ,r , 20_D_g-,_ and ordered filed and
art of the records in the above _

The Honore e Roslyn 0. Silver,
U.S. District Judge or
Defense Counsel: R
Daniel B. Treon _
2700 North Central Avenue, Suite 1000 "
Phoenix, Arizona 85004
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Case 2:02-cr-00921-ROS

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Case 2:02-cr-00921-ROS

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