Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00433-WYD
PROB 12 (02/05-D/CO)

Document 19

Filed 12/22/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CRUZ AGUIRRE-CORDERO Docket Number: 01-cr-00433-WYD 01-cr-00159-WYD

Petition for Issuance of Arrest Warrant because of Violations of Supervised Release COMES NOW, Gary L. Burney, probation officer of the court, presenting an official report upon the conduct and attitude of Cruz Aguirre-Cordero who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 28th day of March, 2002, who, in Case Number 01-cr-00433-WYD, fixed the period of supervision at thirty-two (32) months, and in Docket Number 01-cr-00159-WYD, fixed the period of supervision at three (3) years, and imposed the general terms and conditions theretofore adopted by the court, and imposed special conditions and terms as follows: 1. If the defendant is deported, the defendant shall not reenter the United States illegally. If the defendant reenters the United States legally, the defendant is to report to the nearest U.S. Probation Office within 72 hours of entry.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of supervised release and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 22nd day of December, 2006, and ordered filed under seal and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/ Gary L. Burney Gary L. Burney U.S. Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Court Judge Place: Denver, Colorado Date: December 19, 2006

Case 1:01-cr-00433-WYD

Document 19

Filed 12/22/2006

Page 2 of 2

ATTACHMENT The defendant' terms of supervised release in each case commenced on April 24, 2004. s The defendant has committed the following violations of supervised release: 1. Special Condition: The defendant shall not enter the United States Illegally/Failure to report for supervision;

On or about October 30, 2005, the defendant reentered the United States illegally, and failed to report to the United States Probation Office within 72 hours, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On or about October 30, 2005, the defendant was arrested in Pueblo, CO, and subsequently charged on various state offenses. On or about January 20, 2006, the defendant pleaded guilty to Count I- Possession of A Schedule II Controlled Substance and was sentenced to 15 months imprisonment. All other charges were dismissed. Bureau of Immigration and Customs Enforcement records reflect the defendant illegally returned to the United States following his deportation to the Republic of Mexico on or about April 24, 2004. 2. Violation of Law: Possession of A Schedule II Controlled Substance;

On or about October 30, 2005, the defendant was arrested in Pueblo, CO, and subsequently charged with various state offenses. On or about January 20, 2006, the defendant pleaded guilty in Pueblo County District Court, Case No. CR001896 to Count I- Possession of A Schedule II Controlled Substance, a Class F6 Felony, which constitutes a Grade A violation of supervised release. This charge is based on the following facts: On or about October 30, 2005, the defendant was arrested in Pueblo, CO, and subsequently charged with various state offenses. On or about January 20, 2006, the defendant pleaded guilty in Pueblo County District Court, Case No. CR001896, to Count I- Possession of A Schedule II Controlled Substance, a Class 6 Felony, and was sentenced to 15 months imprisonment. All other counts were dismissed.