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

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UNITED STATES DISTRICT COU T
for APR 2 0 2008
DISTRICT OF ARIZONA CLERK u s oisraicr count
DISTRICT OF Arilzom
_Ej'T.T;z...;.¤;2 DEPUTY
United States v. Michael ANDERSON Docket No. 04CR50004-PHX-FJM
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Petition to Revoke Supervised Release I' 5,;; Fri Ԥ
COMES NOW PROBATION OFFICER Scott Reardon presenting an official report on Michael
ANDERSON who was committed to the Bureau of Prisons on November 21, 2000, by the Honorable
W. Royal Fergeson presiding in the Western District of Texas. A three (3) year period of supervised
release was imposed, and supervision commenced upon the offender's discharge from imprisonment
on April 24, 2003. Following transfer ofjurisdiction of the case to the District of Arizona, the defendant
was reinstated on supervised release by the Honorable Frederick J. Martone on March 22, 2005. ln
l 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 reside and participate in a community corrections center; or a twelve-step based half-
way house; or inpatient substance abuse treatment program, such as Recovery Homes in Mesa,
Arizona, approved by the probation officer for up to 180 days.
3. You are prohibited from owning, maintaining or using a firearm.
4. You shall abstain from all use of alcohol or alcoholic beverages.
5. You shall cooperate in the collection of DNA as directed by the probation officer.
Michael ANDERSON was convicted of possession with intent to distribute a quantity of marijuana in an
amount less than 50 kilograms and aid and abet.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition #1: You shall participate as instructed by the probation ofncer 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
The defendant failed to report for required drug testing on December 1, 2005, as evidenced by
a TASC report. A Grade C violation. 7B1.4(a).
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u.s.A. v. Michael ANDERSOl\• •
· Docket No. 04CR50004-PHX-FJl\ll
April 13, 2006
B. Violation of Special Condition #4: You shall abstain from all use of alcohol or alcoholic
beverages.
The defendant consumed alcohol on or about April 6, 2006, as evidenced by a Breathalyzer test
administered by Tempe, Arizona, police following his arrest for driving under the influence. A
Grade C violation. 7B1.4(a).
C. Violation of Standard Condition #1: You shall not commit another federal, state, or local crime
during the term of supervision.
On April 6, 2006, Anderson committed the crime of driving under the influence, a misdemeanor
violation of A.R.S. 28-1381 A.1, as evidenced by his arrest for this offense by Tempe, Arizona,
police. A Grade C violation. 7B1.4(a).
D. Violation of Standard Condition #1: You shall not commit another federal, state, or local crime
during the term of supervision.
On April 6, 2006, Anderson committed the crime of driving underthe influence with a blood alcohol
content over .08%, a misdemeanor violation of A.R.S. 28-1381 A.2, as evidenced by his arrest
for this offense by Tempe, Arizona, police. A Grade C violation. 7B1.4(a).
E. Violation of Standard Condition # 3: You shall report to the Probation Office as directed by the
Court or probation oflicen and shall submit a truthful and complete written report within the Hrst
live days of each month.
The defendant failed to submit monthly written reports for the months of January, February and
March 2006. A Grade C violation. 7B1.4(a).
l
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`U.S.A. v. Michael ANDERSOl· •
· Docket No. 04CR50004-PHX-FJNI
April 13, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In confomwance 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, l am petitionlng the Court to issue a warrant. .
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Lf Scott Reardon, Date
U.S. Probation Officer
Reviewed by (
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Neil Graber Date
Supervisory U.S. Probation Officer
Reviewed by Ll _
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Darcy A. Cerow Date
Assistant U.S. Attorney D g:
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ORDER OF COURT O N ;:$.—·;»Q.j
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l find there is probable cause to believe the offender has violated conditions of Qpewision, s[1p‘l§;5r’ted
by the above affirmation given under penalty of perjury. The Court orders t §uan¢E_ of a wgrrant.
Considered and ordered this 2 day of Qld ordered filq and
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The Ho le ick J. Martone
U.S. Di ictJ dge
Defense Counsel:
AP
David Lockhart R 2 0 ZUUS
2800 N. Central Avenue U. S. PROBATIO
Suite 1400 PHOENIX, AnggC:jiHCE
Phoenix, Arizona 85004-1045
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