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

Fig? EM 0 I g •
UNITED STATES DISTRICT COURE E-D
for S i* AL
DISTRICT OF ARIZONA
United States v. Linda Gallegos Docket No. CR O1-00204-001-PHX-SMM
Petition to Revoke Supervised Release
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.
ll/IcNamee 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 September
4, 2003. In addition to the general terms and conditions adopted by the court in General Order O4-11,
the offender was ordered to comply with the following special conditions:
1. You shall participate as instmcted 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 to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You shall provide the probation officer access to any requested financial information.
4. You are prohibited from owning, maintaining or using a firean·n.
Linda Gallegos was convicted of importation of a controlled substance, a Class D felony, in violation of
21 USC § 952 and 960(b)(4).
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U.S.A. v. ·l:inda.·GaIlegos ~ : ·
Docket No. CR O1-00204-001-PHX-SMM
August 31, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 8: You shall refrain from excessive use of alcohol and shall
not purchase, possess, use, distribute or administer any narcotic or other controlled
substance, or any paraphernalia related to such substances, except as prescribed by a
physician. Possession of controlled substances will result in mandatory revocation of your
tenn of supervision. If ordered by the Court to participate in a drug andlor 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.
1. On or about April 6, 2005, Gallegos used amphetamine/methamphetamine as evidenced
by her written admission and urine specimen 778571 N-2005. Grade C violation
§7B1.1(a)(3).
2. On or about June 1, 2005, Gallegos used amphetamine/methamphetamine as evidenced
by her written admission and urine specimen 0321320-2005. Grade C violation
§7B1.1(a)(3).
3. On or about June 6, 2005, Gallegos used amphetamine/methamphetamine as evidenced
by her written admission and urine specimen 0809320-2005. Grade C violation
§7B1 .1(a)(3).
4. On or about August4, 2005, Gallegos used amphetamine/methamphetamine as evidenced
by her written admission and urine specimen 3407560-2005. Grade C violation ‘
§7B1 .1(a)(3).
B. Violation of Standard Condition 2: You shall not leave thejudicial district or other specified
geographic area without the written permission of the Court or probation officer.
On July 8, 2005, Gallegos traveled to Mexico without the permission of the Court or probation
officer. Grade C violation §7B1.1(a)(3).
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U.S.A. v. -L.inda.GalIegos 0 - · ·
Docket No. CR 01-00204-001-PHX-SMM
August 31, 2005
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 onditions of supervision, I am petitioning the Court to issue a warrant.
yi/arjzvf
Ernesto Hernan e Date
U.S. Probation fficer
Reviewed by
gi /e, [zoo!
ori . an d Date
Supervisory .S. Probation Officer
Re wed by
. JAE 2 ix; cg-gg J P-‘
D rcy A. erow 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 penalty of perjuy. The Court orders the issuance of a warrant.
Considered and ordered this Q day of L A••oé·u. , 209J°° and ordered tiled and
made a part ofthe records in the above case.
Tie Honograble Stephen M. McNamee
Chief U.S. District Judge
Defense Counsel:
Jay Cairns
190 W. 14*“ Street
Yuma, Arizona 85364
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