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

_, P_l°rob12.frm
O O · rw -.=·¤¤¤E¤
= · ·r ... RECEIVED __ copv
f UNITED STATES DISTRICT COA RT JU
for N 23*2006
DISTRICT OF ARIZONA CLERK u s olsrnlcr
I BY DISTRICT os ARIZSISAJRT
———......___ DEPUTY
United States v. Fernando VASQUEZ-GARCIA Docket No. 01CR00168-001-PI-IX-SRB
Using alias: NIONDRAGON-l\/IARTELL, Cesar
Petition to Revoke Supervised Release F _
’f— SEALED
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Plneda presenting an official report
on Fernando VASOUEZ-GARCIA who was committed to the Bureau of Prisons January 22, 2002, by
the Honorable Susan R. Bolton presiding in the District Court of Arizona. A 36-month period of
supervised release was imposed, and supervision commenced upon the offender's discharge from
imprisonment December 22, 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 not re-enter the United States without legal authorization.
Fernando VASQUEZ—GARCIA was convicted of Illegal Re-entry After Deportation, a violation of 8 USC
§1326(a) & (b)(2), a Ciass 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 January 23, 2006, Vasquez-Garcia committed the new federal offense of Re-entry After
Deportation, a violation of 8 USC §1326(a)& (b)(2), a Class C felony. An information was filed in U.S.
District Court, District ofArizona, Phoenix, case no. 06CR00210-001—Pl-lX—JAT. Court proceedings are
pending in this matter. Grade B Violation, §7B1.1(a)(2).
Alleg ation B. Violation of Special Condition No. 1: You shall not re—enterthe United States without
legal authorization;
On or about January 23, 2006, Vasquez—Garcia,entered the United States without legal authorization.
This was evidenced by his January 23, 2006 arrest, by Border Patrol at or near Wellton, Arizona. This
arrest was subsequent to his January 10, 2006 deportation. Grade C Violation, §7B1.1(a)(3).
Case 2:01-cr-00168-SRB Document 30 Filed 06/27/2006 Paget of3

a Page 2
U.$%. v. Fernando VASOUEARCIA Q
_ _,. I Docket No. 01CR00168—OO1-PHX-SRB
June 15, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct to the best of my knowledge. Based on the information presented that the
offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
/ QL M//sr/¤A»·
Alicia R. Pineda, Date
U.S. Probation Officer Assistant
R viewed by /
dogg Ce li QGEMMQCI {ig {I5 %
ori A. Wantland Date
Supervisory U.S. Probation Officer
Rev' wed by
A Agazgoa
As istan U.S. Attorney Date
ORDER OF COURT
I find there is probable cause to believe the off er has violated conditions of supervision, supported
by the above affirmation given under penalty rjury. he Court orde the issuance of a warrant.
Considered and ordered this Q2 day of ff · ' , 2(@_ and ordered filed and
made a part ofthe records in the above case. `
cz
T onorable Susan R. Bolton, E} 2
U.S. District Judge 5 ; ~€,?¤¤¤—:
"'{ j:·_{4')Fn
Q mt Egg
E.i”<
Defense Counsel: 7; ___ ><$§
.-.. h VU
Robert lVlcWhirter rg 5:.*
850 West Adams Street, Suite 201 > r¤
Phoenix, Arizona 85007 `
JUN 2 7 znus
U. S. PROBATION OFFICE
PHOENIX, ARIZONA
Case 2:01 -cr-001 68-SBB Document 30 Filed 06/27/2006 Page 2 of 3

¢ QE ear. _ . - Q
“ I A FILED __ LODGED
· r __,_ RECEIVED __ COPY
{Naraanmmicaseszizccs) UNITED STATES PROBATION JUN 2 7 ZUUS
’”ST“CT°F“`““°NA <==¤wtTi.zrriirtt.r:r
D .
BY_,,,,,_,,,_,,__.......... DEFUT ____ -
NOTICE OF RELATEDCASES
pq \
.0 raEALED , .
Defendant VAS UEZ-GARCIA Fernando Docket No: DICROOI I 001-PHX-i‘ as n
Elkélt MONDRAGON-MARTELL, Cesar Revocation Proceedings
Local Rule 5.l(a), refers to the matter of a defendant charged with a new crime and currently on
p supervised release, stating the new case shall be assigned to the Judge presiding over the revocation
proceedings.
Local Rule 5 .3 [see Rule 42. 1 (a)(1), Local Rules of Civil Procedure], refers to reassignment of cases
when two or more cases ar pending before different District Judges and such cases are related and
` would entail substantial duplication of labor if heard by different District Judges. In this situation,
the matter is to be heard by the District Judge assigned to the case with the lowest number. _
. E! cr: n .
_ The Probation Office for the District of Arizona hereby notifies the Clerk’s 0Qce thg ie e
(Check A, B or C) 2 ; §£$,§,'
. . F?. ~ . $%=`i°.:.r
(A) / A petition has been tiled to revoke the above named defendant; supeRis1on.§QQ-g
The Clerk of the Court is requested to assign the new criminal ego to thgHonora§l:G=’
Susan R. Bolton as revocationfdisposition proceedings are [email protected]` he curr@t _
. case number assigned to this new case is CR—06—2lO-PHX-J "‘ §
(B) ___ The above named defendant has entered a plea of guilty in and sentencing is
scheduled for _, before the Honorable .
(C) __ A petition has been prepared to initiate supervision violation proceedings in multiple
cases. The Clerk or the Court is advised the criminal case with the lowest case
number is , which is assigned to the Honorable _. Violation proceedings are also
sought in ca nu r , wh' h is assigned to the Honorable .
A ` / 9é;..2,o{9 éa
Alicia R. Pineda Date I (
U. S. Probation Officer lil C
I _ JUN 2 x7 ZUUE
COURT! CLERK S OFFICE! FILE .
L;. is. HHOBATIONOFFI L
· PHOENIX, ARIZDNA CE
Case 2:01 -cr-001 68-SRB Document 30 Filed 06/27/2006 Page 3 of 3

Case 2:01-cr-00168-SRB

Document 30

Filed 06/27/2006

Page 1 of 3

Case 2:01-cr-00168-SRB

Document 30

Filed 06/27/2006

Page 2 of 3

Case 2:01-cr-00168-SRB

Document 30

Filed 06/27/2006

Page 3 of 3