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

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United States v. Ricardo Martinez Docket No. 04CR00596-001-PHX-SMM
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Petition to Revoke Probation "*"‘”"·;F*l—{·'—*'~·•'D”
COMES NOW PROBATION OFFICER Teri A. Torres presenting an official report on Ricardo
Martinez who was placed on probation on June 1, 2005, by the Honorable Chief Judge Stephen M.
Mcixlamee presiding in the District Court of Arizona. A 60 month period of probation was imposed. 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 are prohibited from owning, maintaining or using a firearm.
4. You shall cooperate in the collection of DNA as directed by the probation officer.
5. The defendant shall enroll in a General Education Development (GED) Program to obtain a high
school equivalency diploma.
6. You shall complete the program at Recovery Homes.
7. Upon release from the Recovery Home, you shall participate in a Home Confinement Program
with electronic monitoring under the sanction of detention for a period of six months. You shall
contribute to the cost of electronic monitoring in an amount to be determined by the probation
officer.
Ricardo Martinez was convicted of Harboring Illegal Aliens, in violation of 8 USC §1324(a)(1)(A)(iii).
Case 2:04-cr-00596-SMM Document 129 Filed 05/12/2006 Paget of3


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U.S.A. v. Ricardo Martinez . 0
Docket No. 04CR00596-001-PHX-SMM r
April 28, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS: A
A. Violation of Standard Condition No. 3: "You shall report to the Probation Office as directed by
the Court or probation officer, and shall submit a truthful and complete written report within the
first five days of each month."
1. Martinez failed to report to the office on the following dates: March 21, April 12, 18, 19, and
April 24, 2006. A Grade C violation. §7B1 .4(a).
2. Martinez failed to submit a truthful and written report within the first five days of each for
the following months: December 2005; January, February, and March 2006. A Grade C
violation. §7B1 .4(a). `
B. Violation of Standard Condition No. 4: "You shall answertruthfully all inquiries bythe probation
officer and follow the instructions of the probation officer."
1. Martinez was directed to provide verification of employment forthe months of January and
February 2006 no later than February 24, 2006. Martinez failed to provide verification of
employment. A Grade C violation. §7B1.4(a).
C. Violation of Standard Condition No. 13: "You shall immediately notify the probation officer
(within forty-eight (46) hours if during a weekend or on a holiday) of being arrested or questioned
by a law enforcement officer."
1. Martinez failed to notify the probation officer he had police contact on April 25, 2006, after
he was arrested forfalse information to a police officer and minor in possession of alcohol.
A Grade C violation. §7B1.4(a).
D. Violation of Special Condition No. 1: "You shall participate as instructed bythe 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."
1. Martinez failed to submit to urinalysis forthe purpose of drug testing on the following dates:
October 3, November 10, 29, and December 1, 2005; and February 6, 16, March 30, and
April 3, 2006. A Grade C violation. §7B1.4(a).
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Case 2:04-cr-00596-SMM Document 129 Filed 05/12/2006 Page 0

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U.S.A. v. Ricardo Martinez • Q
Docket No. 04CR00596-001-Pl-IX-Sl\/l|\/l
April 28, 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
s offender has violated conditions of supervision, I am petitloning the Court to issue a warrant.
Teri A. Torres J Date
U.S. Probation Officer
Reviewed by
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Fred J. Chiiese Date
Supervisory U.S. Probation Officer
Re ed by
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fwf eph . Koehler Dat
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 owjury. The Court orders the issuance of a warrant.
Considered and ordered this gg day of ?= , 2046 and ordered filed and
made a part of the records in the above case.
" Ihe Hgnorable Stephen M. McNamee
Chief U.S. District Judge
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` Defense C0unS9|:
Candace l-l. Kent Et. gl Zi wu M IW-IY 1 2 2005
45 West Jefferson ` , ., , y _
Suite 206 u. S. PHOBATION OFFICI:
Ph . ,A. 85003 i(m_~,;_, PHOENIX, ARIZONA
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