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

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_ United States v. Michael Anthony Lopez Docket No. 04CR00362-001-PHX-ROS
i Petition to Revoke Supervised Release [ fl
N COMES NOW PROBATION OFFICER Craig W. Haraga presenting an official report on Michael
Anthony Lopez who was committed to the Bureau of Prisons on March 7, 2005, by the Honorable Roslyn
O. Silver presiding in the District Court of Arizona. A five—year period of supervised release was imposed,
and supervision commenced upon the offender's discharge from imprisonment on December 12, 2006.
ln 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 making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
4. You shall complete 250 hours of community service at the rate of not less than 10 hours per
month as approved and directed by the probation officer.
5. I The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
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.
Michael Anthony Lopez was convicted of possession of methamphetamine with intent to distribute;
unlawful user of a controlled substance in possession of firearms; and possession of an unregistered
short-barreled shotgun.
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U.S.A. v. Michael Anthony Lop·
Docket No. 04CR00362—001-PHX—ROS
March 5, 2007
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."
The offender failed to report to the probation office as directed January 12, 2007; February 5,
2007; and l\/larch 5, 2007. A Grade C Violation. §7B1 .1(a)(3)(B).
B. Violation of Standard Condition No. 9: "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."
The offender used methamphetamine on or about January 17, 2007, as evidenced by a positive
rapid drug screen test, which was confirmed by Kroll Laboratories. A Grade C Violation.
§7B1.1(a)(3)(B).
C. Violation of Special Condition No. 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."
The offender failed to submit to substance abuse testing at TASC January 2, 2007; January 26,
2007; February 5, 2007; and February 27, 2007. A Grade C Violation. §7B1 .1(a)(3)(B).
D. 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."
The offender failed to attend group substance abuse counseling at TASC February 21, 2007, and
February 28, 2007. A Grade C Violation. §7B1.1(a)(3)(B).
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U.S.A. v. Michael Anthony Lopg O
Docket No. 04CR00362—001-PHX-ROS
March 5, 2007
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.
` (4,- . 3`}’·o7
Crai W. Haraga, Date
U.S. Probation icer
Revie e by
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¢7§ eil Gra er Date
Supervisory U.S. Probation Officer
Re wed by
,4 , / am ig Qu 7
r deric A. Battista 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 penalt f erjury. The Court orders the issuance of a warrant.
Considered and ordered this L3 day of , 20 D Z and ordered filed and ·
C made rt of the records in the above case.
orable oslyn O. Silver,
U.S. District Judge
· \1pI¤'2Ti~*‘·L* ifi *'7‘8,l.*`»ll3
Defense Counsel: ‘ ` i`
Michael D. Gordon 51; lr i Qi lilitl L
850 West Adams Street
Phoenix, Arizona 85007 _}jW,;. if ia;-.j;,; 5;}*.
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