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

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APR 0 3 2007
‘ CLERK u s oisraicr oouar
_ oisrmcr or ARIZONA
UNITED STATES DISTRICT CO re °E"’““’
for
DISTRICT OF ARIZONA
United States v. James Brian Nardi Docket No. 01CR0001 1—001—PHX—SRB
Petition to Revoke Supervised Release
COM ES NOW PROBATION OFFICER Gina Enriquez presenting an official report on James`Nardi
who was committed to the Bureau of Prisons on August 20, 2001, by the Honorable Susan R. Bolton
presiding in the District Court of Arizona. A five year period of supervised release was imposed, and
supervision commenced upon the offender's discharge from imprisonment on May 4, 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. 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
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 making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. You are prohibited from owning, maintaining or using a firearm.
6. You shall abstain from all use of alcohol or alcoholic beverages.
Added via Waiver and Order on June 7, 2006:
7. You shall participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
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`· =» U.S.A. v. James Brian Nardi • O
y Docket No. 01CR000‘i1-001-PHX-SRB
April 3, 2007
Added via Waiver and Order on January 3, 2007:
l 8. You shall actively participate in a residential program as directed by the probation officer until
l discharged by the probation officer, but not to exceed six months without a court review.
I Placement may include, singularly or in any combination, a halfway house, inpatient drug
l treatment, or a drug-free sober living environment as selected by the probation officer.
l
James Brian Nardi was convicted of armed bank robbery, a Class B felony.
l RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
l AS FOLLOWS:
l .
A. VIOLATION OF SPECIAL CONDITION NO. B: You shall actively participate in a residential
program as directed by the probation officer until discharged by the probation officer, but
not to exceed six months without a court review. Placement may include, singularly or in
any combination, a halfway house, inpatient drug treatment, or a drug-free sober living
environment as selected by the probation officer.
l
i On March 24, 2007, Nardi was unsuccessfully discharged from Behavioral Systems Southwest,
a halfway house, after he failed to retum to the facility as scheduled. A grade C violation,
§7B1.‘|(a)(3)(B).
B. VIOLATION OF STANDARD CONDITION NO. 10: You shall not associate with any persons n
engaged in criminal activity, and shall not associate with any person convicted of a felony
unless granted pennission to do so by the probation officer.
As evidenced by a verbal report from United States Marshal Bautista, on April 3, 2007, Nardi
associated with Christopher Allan Robbins who was convicted of theft or receipt of stolen mall
matter, a felony, in docket 02CR00637-001-TUC-JIVIR, and with Roberta Hernandez, who at the
time of the association was on warrant status with U.S. Pretrial Services in docket 07CR~00030—
RRC-HCE.
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·· U.°S.A. v. James Brian Nardi O
Docket No. 01 CR0001 1-001-PHX-SRB
April 3, 2007
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.
I,-if `
>/·’·’ jj ...,2MYr M April 3, 2007
Gina En`?iquez, I Date
U.S. Probation Offic .
Review d by
l April 3, 2007
imberly Duraz Date
Supervisory U.S. Probation Officer
Re ed by
féfaer 4/43 ga 7
i hael T. Morrissey Dat
Assistant U.S. Attorney
. ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, ‘
y supported by the above affirmation given under penalty of p jury.e he Court orders the issuance of
awarrant. Considered and ordered this day of ,20O Z and ordered
, file and made a part ofthe records inthe above case.
N onorable Susan R. Bolton,
e U.S. District Judge _
_ Defense Counsel:
James Sun Park ·
Park Law Office PLC
111 VV Monroe St
Ste 1500 ·
Phoenix, AZ 85003 _
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