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

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(R¤v»12/04) O · FILED __ Loooso
— __ RECEIVED __ COPY
UNITED STATES DISTRICT CO RT FEB
for 1 3 2008
DISTRICT OF ARIZONA CLERK u s DISTRICT couRT
DISTRICT OF ARIZONA
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United States v. Kevin Lorenzo Jose Docket No. 04CR00605—001—PHX-MHM
Amended Petition to Revoke Supervised Releasez-F
COMES NOW PROBATION OFFICER Kelly Heitkam presenting an official report on Kevin Jose
who was committed to the Bureau of Prisons on May 5, 2005, by the Honorable Maw H. Murguia
presiding in the District Court of Arizona. A 36-month period of supervised release was imposed, and
supenrision commenced upon the offender’s discharge from imprisonment on May 23, 2007. 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 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 priorapproval 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.
7. You shall cooperate in the collection of DNA as directed by the probation officer.
Kevin Jose was convicted of Involuntary Manslaughter, a class D felony, in violation of 18 U.S.C. §§ 1153
and 1112(a).
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."
1. On June 24, 2007, the offender committed the crimes of assault and disorderly conduct. On
December 3, 2007, Jose was charged with two counts of assault and one count of disorderly
conduct in the Gila River Indian Community Tribal Court. A Grade B violation. §7B1 .1(a)(2).
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U.S.A. v. Kevin Jose • ·
Docket No. 04CR00605-001—PHX—lVlHM
February 5, 2008
2. On February 2, 2008, the offender committed the crimes of reckless driving, unlawful possession
of liquor, and unlawful possession of liquor. He was ordered to appear in the Tohono O'odham
Tribal Court on February 22, 2008. A Grade B violation. §7B1.1(a)(2).
" Yeu Shell immediately nefifv the Prebetien
officer (within forty-eight hours (48) hours if during a weekend or on a holiday) of being arrested
or questioned by a law enforcement officer."
Jose was arrested Februaiy 2, 2008, on the Tohono O’dham Nation. As of February 5, 2008, he has
failed to notify probation of his arrest and contact with law enforcement. A Grade C violation.
§7B1.1(a)(3). .
" Yeu shell pay any menefew penelfiee ee
ordered by the Court. You will notify the probation officer of any material changes in your
economic circumstances that might affect your ability to pay restitution, fines, or special
assessments. " ·
Jose failed to make his court-ordered monthly payment of $50 for the months of October 2007. A Grade
C violation. §7B1.1(a)(3).
Allegation D: Violation of Special Condition No. 6: " You shall abstain from all use of alcohol or
alcoholic beverages."
1. Jose consumed alcohol on June 24, 2007, as evidenced by Gila River Police Department Incident
Report No. DR07-019253 as well as his verbal admission to the probation officer on July 18, 2007.
A Grade C violation. §7B1.1(a)(3).
2. Jose consumed alcohol on September 8, 2007, as evidenced by a positive drug/alcohol notice
signed by the offender on September 12, 2007. A Grade C violation. §7B1.1(a)(3).
3. Jose consumed alcohol on February 2, 2008, as evidenced by his verbal admission to Officer
Ramon, Badge No. 102 ofthe Tohono O’odham Tribal Police. A Grade C violation. §7B1 .1(a)(3).
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U.S.A. v. Kevin Jose . 0
Docket No. 04CR00605-001-PHX+IVlHM
February 5, 2008 .
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.
Kelly Heitkam Date
U.S. Probation Officer
Reviewed by _ . _
Fred Chilese Dat
Supervisory U.S. Probation Officer
Revie ed by
Shar K. Sexton Date
Assistant U.S. Attorney
ORDER OF COURT ‘
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of r`ury. The Court orders the issuance of a warrant.
Considered and ordered this IZ day of g ig , 2([§)_ and ordered filed and
made a part of the records in the above case.
VN s •
I `gg
The Honorable ary . Mur
U.S. District Judge
Defense Counsel:
Douglas A. Passon
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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