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

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UNITED STATES DISTRICT CO R I
for JUL - 6 2UUB
DISTRICT OF ARIZONA cusrix u s ossmicr count
Dlsmict or Aaizonn
B¤,r_______________ DEPUTY
United States v. ENRIQUE LOMELI-RODRIGUEZ Docket No. 04CR01239-001-PHX-FJM
Petition to Revoke Supervised Release 7;
COMES NOW PROBATION OFFICER Alicia R. Pineda presenting an official report on ENRICIUE
LOMELI-RODRIGUEZ who was committed to the Bureau of Prisons May 2, 2005, by the Honorable
Frederick J. Martone presiding in the District Court of Arizona. A 36—month period of supervised release
was imposed, and supervision commenced uponthe offenders discharge from imprisonmentAugust24,
2005. In addition to the general terms and conditions adopted by the court, the offender was ordered to
comply with the foltowing special conditions:
1. If deported, you shall not re—enter the United States without legal authorization.
2. You shall cooperate in the collection of DNA as directed by the probation officer.
ENRIOUE LOMELFRODRIGUEZ was convicted of Alien in Possession of a Firearm, a violation of 18
USC §922(a)(2), a Class 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 orabout May 16, 2006, Lomeli—Rodriguez committed the new federal offenses of Count one: Re—entiy
After Deportation, a violation of 8 USC §1326, a felony, and Count two: Illegal Entry, a violation of8 USC
§1 325, a misdemeanor. This was evidenced by a two-count complaint filed in the U.S. Magistrate Court,
District of Arizona, Yuma, case no. 06-02105-001 MP. He pied guilty to Count two May 17, 2006, and
was sentenced to 75 days jail. Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: lf deported, you shall not re-enter the United
States without legal authorization.
On or about May 16, 2006, LomeIi—Rodriguez entered the United States without legal authorization. This
was evidenced by his May 16, 2006 arrest by Border Patrol at or near Wellton, Arizona. This arrest was
subsequent to his August 29, 2005 deportation. Grade C Violation, §7B1.1(a)(3).
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_ USA. v. ENRIOUE LOIVIELI-ODRIGUEZ 0
Docket N0. 04CR01239—001—PH><—FJI\A ‘
July 3, 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, l am petitioning the Court to issue a warrant.
{ gf `E é 4%, Z 2 07/.4340;,
Alicia R. Pineda, Date
U.S. Probation Officer
R viewed by _ [__ t .
..r~ rg, ‘ Cp r .·,~,;,/ I; E46
`Lori A. Wantland Date
Supervisory U.S. Probation Officer
Rev'! wed by X
. ·/ 2./-/ Q 4540 /2
ory T. urley Date .
Assistant U.S. Attorney r
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given underpenalty of erju . The Court orders the issuance of a warrant.
Considered and ordered this é day of ‘~ — .. . 20 @6 and ordered filed and
rw part of the record i the a ove case.
é / .
The H r Frederick J. ll/lartone, '`ll
U.S. istric/Judge
Defense Counsel;
David l\/I. Ochoa
Post Office Box 22126
Phoenix, Arizona 85028-2126
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