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

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DISTRICT OF ARIZONA {)[jT 1 5 gggy
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United States v. Ricardo Martinez Docket N •; 4EIR06§$00Lf$F[`;*él}g(f,S M
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Alicia R. Pineda presenting an official report on Ricardo
Martinez who was committed to the Bureau of Prisons on June 22, 2006, by the Honorable Stephen M.
McNarnee presiding in the District Court of Arizona. A 36-month period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on October 4,
2006. 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 bythe a probation officer,
at a reasonable time and in a reasonable manner.
l 3. You shall reside and participate in a community corrections center for 180 days, unless
I discharged earlier by the probation officer.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall cooperate in the collection of DNA as directed by the probation officer.
6. The defendant shall enroll in a General Education Development (GED) Program to obtain a high
school equivalency diploma.
Ricardo Martinez was convicted of Harboring Illegal Aliens, a violation of 8 USC §1324(a)(1)(A)(iii).
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition No. 1: You shall participate as instructed by the probation
officer in a program of substance abuse treatmentwhich may include testing for substance
abuse. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer.
Martinez failed to submit to substance abuse testing on: June 25; July 5; August 29; September
20 and 25; and October
1, 2007. Grade C Violation, §7B1.1(a)(3).
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U.S.A. v. Ricardo Martinez O ~· · •
Docket No. 04CR00596—001-PHX-SMM
October 9, 2007
B. Violation of Standard Condition No. 4: You shall answer truthfully all inquires bythe
· probation officer and follow the instructions of the probation officer.
Martinez failed to follow the USPO’s direction to report to Recovery Homes. On September 28,
2007, Martinez was directed to reportto Recovery Homes, a residential inpatient substance abuse
treatment facility, in Mesa, Arizona. As of October 9, 2007, he has not reported to Recovery
Homes. Grade C Violation, §7B1.1(a)(3).
C. Violation of Standard Condition No. 9: You shall not purchase, possess, use, distribute or
administer ay narcotic or other controlled substance as defined in section 102 of the Controlled
Substances Act or any paraphernalia related to such substances, without a prescription by a
licensed medical practitioner. Possession of controlled substances will result in mandatory
revocation of your term of supervision.
Martinez used cocaine and methamphetamine. A urine specimen collected on September 28,
2007, revealed the presence of cocaine and methamphetamine. Martinez admitted use of
methamphetamine. Grade C Violation, §7B1.1(a)(3).
D. Violation of Standard Condition No. 19: You shall pay any monetary penalties as ordered
by the Court. You will notify the probation officer of any material change in your economic
circumstances that might affect your ability to pay restitution, fines, or special
assessments.
Martinez failed to make any payments toward his $100 special assessment (SAF) ordered bythe
Court. He agreed to pay the SAF in full on August 15, 2007. Currently, his outstanding balance
is $100. Grade C Violation, §7B1.1(a)(3).
I
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U.S.A. v. Ricardo Martinez • - o
Docket No. 04CR00596-001-PHX-SMM
October 9, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln 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.

‘ 10/09/07
Alicia R. Pineda Date
U.S. Probation Officer
Reviewed by _
10/9/07
Fred J. Chilese, Supervisory Date
U.S. Probation Officer .
Reviewed by
Joseph E. Koehler Date
Assistant U.S. Attorney
ORDER OF COURT
l I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of per'ury. The Court orders the issuance of a warrant.
Considered and ordered this gg day of gg? , 20 Q_ and ordered filed and
made a part ofthe records in the above case.
l
me Hoiorable Stephen M. McNamee
Senior U.S. District Judge
Defense Counsel:
Candace H. Kent
850 West Adams Street, Suite 201
Phoenix, Arizona 85007
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