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

P_Prob12.frm _x· FILED rnd- LODGED
`(Rev.12iO4] • • _ RECEIVED ___ copy
QH
UNITED STATES DISTRICT CO RTMAY 2q 2008
for
oisraicr or ARIZONA °L$?§(#i»Féf’t$?il§EgSXRT
BY._,,_,_, DEPUTY
United States v. Francis Andy Polk Docket No. 04CR00?52-001-PHX-NVVV
Petition to Revoke Supervised Release T!
COMES NOW PROBATION OFFICER R. Scott Stipe presenting an official report on Francis Andy
Polk who was committed to the Bureau of Prisons for 46 months on February 17, 2005, by the Honorable
Neil V. Wake presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offender’s discharge from imprisonment on February
5, 2008. 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 your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
3. You shall not contact the following victim, Samuel Pechuli, and the probation officer will verify
compliance.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
Francis Andy Polk was convicted of assault resulting in serious bodily injury, a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation ofstandard condition 3: "You shall report to the Probation Office as directed by the Court
or the probation officer, and shall submit a truthful and complete written report within the first five days
of each month." I
Poik failed to appear for our scheduled office appointment in San Carlos, Arizona on April 14,
2008, as directed in writing. A Grade C violation. 7B1.1(a)(3)(B).
Case 2:04—cr—00752—NVW Document 36 Filed 05/29/2008 Page 1 of 3

Page.2
·U.S.A. v. Francis Andy Polk 0 O
Docket No. 04CR00752—001-PHX—N\/\N
ll/lay 21, 2008
B. Violation of standard condition 3: "You shall reportto the Probation Office as directed by the Court
or the probation officer, and shall submit a truthful and complete written report within the first five days
of each month."
Polk has not submitted a written report to the Probation Office since February 4, 2008. A Grade C
violation. 7B'l.1(a)(3)(B).
C. Violation of standard condition 7: "You shall notify the probation officer at least ten days prior to
any change of residence or emp|oyment." .
Polk moved out of his sister's residence on the San Carlos Apache Tribe reservation on or about ll/larch
6, 2008. To date, he has made no effort to contact the Probation Office with his currently residential
address. Vl/hereabouts unknown. A Grade C violation. 7B‘l .1(a)(3)(B).
Case 2:04—cr—00752—NVW Document 36 Filed 05/29/2008 Page 2 of 3

Page,3
·U‘.S.A. v. Francis Andy Polk O 0
Docket No. 04CR00752—001—PHX—NVW
l\/Iay 21, 2008
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1748, 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.
572//my
. Scott Stipe Date
Senior U.S. Probation Officer
Reviewe
David B. Colleran Date
Supervisory U.S. Probation Officer
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given unger/pgnalty of e jury. The Court orders the issuance of a warrant.
Considered and ordered this 9/ ay of I 2 Wg , 20d Z and ordered filed and
made a part of the records in the above case.
The Honorable Neil V. Wake
U.S. District Judge
Defense Counsel:
Dana Carpenter (Appointed)
3108 North 1G"` Street
Phoenix, Arizona 85018
Case 2:04—cr—00752—NVW Document 36 Filed 05/29/2008 Page 3 of 3

Case 2:04-cr-00752-NVW

Document 36

Filed 05/29/2008

Page 1 of 3

Case 2:04-cr-00752-NVW

Document 36

Filed 05/29/2008

Page 2 of 3

Case 2:04-cr-00752-NVW

Document 36

Filed 05/29/2008

Page 3 of 3