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


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Date: December 29, 2006
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT CO , RT DEC .2 SN mg r
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-, United States v. Linda Gallegos Docket No. CR ci-oc2c4oc1-p1-ix-siiiiti
Petition to Revoke Supervised Release 7/ °
i COMES NOW PROBATION OFFICER Ernesto Hernandez presenting an official report on Linda ,
Gallegos who was committed to the Bureau of Prisons on June 4, 2001, by the Honorable Stephen M.
McNamee presiding in the District Court of Arizona. A three-year period of supenrised release was _
imposed, and supervision commenced upon the offenders discharge from irnprisonmenton September
4. 2003. _ `
On December 13, 2005, Gallegos' term of supewised release was revoked after found inviolation
of failing to refrain from the use of controlled substances. She_ was committed to the custody ofthe I
Bureau of Prisons for five (5) months followed by 31 months supervised release. In addition to the
general terms and conditions adopted by the court, the offender was ordered to comply with the following g
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
I treatment in an amount to be determined by the probation officer. `
I 2. You shall submit your person, property (inciuding but not limited to computer, electrenlcdsvices,
and storage media), residence, office, or vehicle to a search conducted by a pmi>¤se¤t,crr»¤er, at
a reasonable time and in a reasonable manner. 4 .
3. You shall reside and participate in a community oonections center for 120 days, unless
discharged earlier by the probation officer. in
4. You are prohibited from owning, maintaining or using a fireamt. . P
. 5. You shall report all vehicles owned, operated, or in which you have interest to the probation
officer. · _ ,_ ` _ gg ._
Linda Gallegos was convicted of importation of a controlled substance, a‘€>laSs“D felony, in violation of l
. 21 USC § 952 and 960(b)(4). r -
Case 2:01—cr—00204—SI\/II\/I Document 44 Filed 12/29/2006 Paget of3 P

B Page2 _ r ·. ` to ` _ ii;
U.S.A. v. Linda Gallegos O _ a-‘¢-‘ F -. . Q S j i . `
Docket No. CR 01-00204-001-PHX-SMM p e
v December 6, 2006 · .
RESPECTFULLY PRESENTING PETITION FOR ACTIONOF FOR CAUSE
AS FOLLOWS: _ _ o
i A. Violation of Standard Condition 3: You shall report to the Probatloi*r¤fllce as directed by E
the Court or probation offlcer, and shall submit a truthful and complete written report i ‘
within the first five days of each month. ‘ " ;
Gallegos has failed to submit monthly supervision reports for October and November 2006. Grade
C violation §7B1.1(a)(3). ‘ `
_ B. Violation of Standard Condition 8: You shall refrain from excessive. use of alcoholand shall
, . not purchase, possess, use, distribute or administer any narcotlc or other controlled?
., substance, or any paraphernalia related to such substances, except as prescribed. by S physician. Possession of controlled substances will result in mandatory revocatlon‘ofyour‘
tenn of supervision. If ordered by the Court to participate In a drug and/or alcohol abuse
treatment program, you shall totally abstain from the use of any alcoholic beverages or
other intoxicants during and after the course of your treatment. _ 0 .
1. On or about August 28, 2006, Gallegos used amphetamine as evidenced by her written
admission and urine specimen A00994378. Grade C violation §7B1.1(a)(3). -g
2. On or about September 15, 2006, Gallegos used amphetamine as evidencedsiilay her `
. written admission and urine sample collected September 18, 2006. Grade C violation
§7B1.'|(a)(3). `
3. On or about December 3, 2006, Gallegos used amphetamine as evidenced: by he‘r'vvrltten 4_ ‘
admission and urine sample collected on the same date. Grade C violation §TB1.1(e)(3). ‘
C. Violation of Special Condition 3: You shall reside and participate ln a·` community
corrections center for 120 days, unless discharged earlier by the probation ofhcer.
On or about December 4, 2006, Gallegos left Behavioral Systems Southwest in Arizolta
- without the permission of the probation officer or community correctione.oenter:stath°.·i`Gra¤de.,i3 ;,
violation §7B1.1(a)(3). 1 ‘ . l n
, Q g
4 Case 2:01 —cr—00204—SIVIIVI Document 44 Filed 12/29/2006 S Page 2 of.3 S in It

A Page 3 l ' l o ; y ‘
U.S.A. v. Linda Gallegos O .` e " `` ; . — _ j .» p _. `
Docket No. CR O1-00204-001-PHX-SMM j ’ ·
December 6, 2006 · J . , .
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty, of perjury, thatjtheei
foregoing is true and correct to the best of my knowledge. Based on the information preeentedthat the
offender has violat conditions of supervision, l am petitionlng the Court to issue a warrant.
· ` rye {zoos . y g
Ernes 0 H rna Date ‘ - .
U.S. Probation er I ‘
Reviewed by y .
*746 . . I ‘
belardo R. C lor Date y ' I
Supervisory U. . Probation Officer
g "jiRaf‘ wed by yy ` l o
3 » ‘ " _ /.2;;/gag. ,
° D cy A. erow Date ‘ `
Assistant U.S. Attomey *·· _ 1
l ORDER OF COURT - l
._ _-- S I find there is probable cause to believe the offender has violated conditions of su`penris`ion, supported
. - by the above aftimnation given under penalty of erjury. The Court orders theissuance ofaggerrant.
Considered and ordered this if day of , 20 *6 ando d and , .
made a part of the records inthe above case. ‘ A _ , “ ‘
. _ ,_ ·)!45?••¢¢-¢.-•·¢... _ _.,· . 5 ¥ h . -’
, .» . ·- i M. McNamee ., · 3 l
Defense Counsel: l` y - S ’ l in y
Celia M. Rumann LA {
850 West Adams Street ~
Suite 201 ‘ I , e . ‘ -
Phoenix, Arizona 85007 ‘ I ` ,
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