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

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UNITED STATES DISTRICT COU T 0cr 18 2005
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United States v. Charles Peter MILLER, lll Docket N0. 04CR50094-001-PHX-DGC
Petition to Revoke Supervised Release 7/
COMES NOW PROBATION OFFICER David J. Gardner presenting an official report on Charles
Peter Miller, III who was committed to the Bureau of Prisons on April 29, 1991 by the Honorable Owen
M. Panner presiding in the District Court of Oregon. A 36-month period of supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on June 3,
2003. ln addition to the general terms and conditions adopted by the court in General Order 04-11, the
offender was ordered to comply with the following special conditions:
1. The defendant shall reside in and participate in the program of a community treatment center for
no more than 6 months, to be released at the direction of the probation officer.
2. The defendant shall participate in a substance abuse treatment program as directed by the
probation officer, which may include urinalysis testing to determine if the defendant has used
drugs or alcohol.
Charles Peter Miller, III was convicted of ex-felon in possession of a firearm.
The offender's term of supen/ised release was revoked on September 16, 2004 and he was committed
to prison forten (10) months. The offender was also placed on supervised release for a period oftwenty-
six (26) months under the standard conditions of supervision and 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 reside and participate in a residential treatment facility, such as Recovery l-lomes or
Behavioral Systems Southwest, for 6 months, unless discharged earlier by the probation officer.
3. You are prohibited from owning, maintaining or using a firearm.
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4. You shall abstain from all use of alcohol or alcoholic beverages W`]
Eli all tbl 90.
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·U.S.A. v. Charles Peter MILLE. - .lI
Docket No. 04CR50094-001-PHX—DGC
September 23, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 3: "You shall report to the Probation Office as directed by
the Court or probation officer, and shall submit a truthful and complete written report within the
first five days of each month."
The offender did not submit a Monthly Supervision Report for the month of August 2005.
B. Violation of Standard Condition No. 7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
1). On September 20, 2005, the probation officer attempted to make contact with the offender at
his reported residence and learned he no longer resided at that location. The offender's roommate
and current occupant ofthe residence informed the probation officer that the offender had moved
out of the residence sometime during the second week of August 2005. The offender did not
report a change of residence and his current whereabouts are unknown.
2). On September 20, 2005, the probation officer visited the offender's last known job site and
verified his employment was terminated sometime during the second week of August 2005. The
offender did not notify the probation officer about a change in employment status.
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
of der has violated conditions of supervision, l am petitioning the Court to issue a warrant.
*92; 3465/
David J. Gard er Date
Sr. U.S. Probatio Officer
Reviewed
` Z Zio { 0 f"
David B. Colleran, Date
Supervisory U.S. Probation Officer
Reviewed by
Assistant U.S. Attorney Date
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U.S.A. v. Charles Peter MILLE. .ll
Docket No. 04CR50094-001-PHX-DGC
September 23, 2005
ORDER OF COURT
l find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given undgr penalty of pcggfuz. The Court orders the issuance of a warrant.
Considered and ordered this Z day of {of , 20 Oo" and ordered filed and
made a part of the records in the above case.
QW! [71 CW gg
The onorable David G. Campbell,
U.S. District Judge
Defense Counsel:
Timothy C. Holtzen
245 W. Roosevelt Street
Phoenix, Arizona 85003
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