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

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United States v. Douglas DEWALL Docket No. 04CR00422-002-PHX-FJM
SEALED
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Sharon D. Werner presenting an official report on Douglas -
DEWALL who was committed to the Bureau of Prisons on December 12, 2005, by the Honorable
Frederick J. li/Iartone presiding in the District Court of Arizona. A one year period of supervised release
was imposed, and supenrision commenced upon the offender's discharge from imprisonment on June
27, 2006. In addition to the general terms and conditions adopted bythe court, the offenderwas 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 oflicer, 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 prior approval of the probation officer.
5. You shall cooperate in the collection of DNA as directed by the probation officer.
Douglas DEWALL was convicted of Burglary.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
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."
Dewall failed to report to the probation office as directed. On August 29, 2006, Dewall was
verbally directed to report to the probation office monthly, between the first and the fifth of each
month. The offender failed to report by September 5, 2006.
Grade C violation. §7B1.1(a)(3)(B).
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‘ U.S.A. v. Douglas DEWALL O
Docket No. 04CR00422-002-PHX-FJM
September 22, 2006
B. 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 tive days of each montn."
Dewall failed to submit a truthful and complete written report within the first five days of each
month. The offender failed to submit a monthly report for September 2006.
Grade C violation. §7B1.1(a)(3)(B).
C. Violation of Standard Condition No. 6: "You shall work regularly at a lawful occupation unless
excused by the probation ofHcer for schooling, training, or other acceptable reasons."
Dewall faited to work regularly. The offender was employed with Allied Forces, a temporary
employment agency in Florence, Arizona between May 4, and August 4, 2006. Since then, he
has been unemployed.
D. Violation of Standard Condition No. 8: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. § 801) 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.
Dewall used illicit substances on or about August 29, 2006. On August 29, 2006, the offender
submitted a urine specimen which was positive for methamphetamine and he admitted using
methamphetamine four to tive days prior to submitting the sample.
Grade C violation. §7B1.1(a)(3)(B).
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.
;
Sharon D. Werner Date
Senior U.S. Probation Officer
Reviewed y ,
M/X "Y/1 L/¤<
Neil Graber Date
Supervisory U.S. Probation Officer
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` U.S.A. v. Douglas DEWALL •
Docket No. 04CR00422-002-PHX—F.JM
September 22, 2006
Revi ed by
I/U { E Q { § Q
fiih ries F. yder 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 perjury. The court orders the issuance of a warrant.
Considered and ordered this 2 2 day of § , 20 06 and ordered Hied and
ma@Y;Ert of the r ds i he above case.
The H bl Frederick J. Martone,
U.S. District dge
Defense Counsel:
John W. Rood lll (Appointed)
817 North 2“" Street
Suite 201
Phoenix, Arizona 85004-2017
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