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

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UNITED STATES DISTRICT COURT
for JAN 2 6 2005
DISTRICT OI: ARIZONA CLERK u s bisrraicr couar
oisrrzicr or ARIZONA
BY----- EP
United States v. Henry J. FLORES Docket No. 04CR00352—001-PHX-ROS
Petition to Revoke Supervised Release I " SE
COMES NOW PROBATION OFFICER Mike Acosta presenting an official report on Henry J.
FLORES who was committed to the Bureau of Prisons on June 21, 2004, by the Honorable Roslyn O.
Silver presiding in the District Court of Arizona. A three-year period of supervised release was imposed,
and supervision commenced upon the offender's discharge from imprisonment May 6, 2005. ln addition
to the general terms and conditions adopted by the court in General Order 04-11, 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 to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You shall provide the probation officer access to any requested financial information.
4. You shall abstain from all use of alcohol or alcoholic beverages.
5. You shall not enter the Republic or Mexico without written permission of the probation officer.
On November 17, 2005, the Court considered and ordered the following via Waiver and Order:
6. You shall reside and participate in Recovery Homes treatment center for 180 days, unless
discharged earlier from the probation officer.
Henry J. FLORES was convicted Transportation of Illegal Aliens, in violation of 8 USC §§
1324(a)(1)(A)(ii) and (a)(1)(B)(i), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS `,;t;.*'i'_j¤fj-_i`:` V ` ’_
A. Violation of Standard Condition No. 9: You shall notgpurchase, possess, use, distribute or
administer any narcotic or other controlled sttbstanceiés itiliefinéd. in section 102 of the Controlled
Substances Act (21 USC § 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 supeigviipion. .; gr,
Flores consumed cocaine as evidenced by positive urinespecimens submitted August 30, 2005;
November 14, 2005; and January 10, 2006. Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Henry J. FLORES . RJ
Docket No. 04CR00352-001-PMROS
January 17, 2006
B. 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.
Despite a written directive to participate in a random drug testing program, Flores failed to report to
submit to urine testing July 7, 2005; July 20, 2005; July 29, 2005; August 4, 2005; October 17, 2005;
November 3, 2005; and November 7, 2005. Grade C violation. §7B1.1(a)(3).
C. Violation of Special Condition No. 4: You shall abstain from all use of alcohol or alcoholic
beverages.
Flores consumed alcohol as evidence by a positive breath test administered May 26, 2005, which
yielded a result of .044 percent blood alcohol content. Grade C violation. §7B1 .1(a)(3).
D. Violation of Special Condition No. 6: You shall reside and participate in Recovery Homes
treatment center for 180 days, unless discharged earlier by the probation officer.
Flores was placed at Recovery Homes treatment center in Mesa, Arizona, November 18, 2005, to
commence a 180 day treatment program. On January 8,2006, Flores was granted permission to leave
the facility to conduct personal business and failed to return to the facility. He was discharged from the
program unsuccessfully January 9, 2006. Grade C violation. §7B1 .1(a)(3).
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 hasyed c nditions of supervision, I am petitioning the Court to issue a warrant.
` { /[/7' MQ
Mike Acos a, Dat
U.S. Probation Officer
Reviewed by - {
] I , (2}/; l//M,.
Neil Graber Date
Supervisory U.S. Probation Officer
Re wed by _ ,
" . &{a/w"‘/ égeéwgc 6
ry Bet Phillips Dat
Assistant U.S. Attorney
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U.S./A. v. Henry J. FLORES .,_,v
Docket No. 04CR00352-001-P`l-7%-ROS
January 17, 2006
ORDER OF COURT
l find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty Ckperjury. The Court orders the issuance of a warrant.
Considered and ordered this Q gy'. day of I 4_ , 20DQZ and ordered tiled and
a part ofthe records in the above casW"
_f
o a e Rosly O. Silver,
U.S. District Judge
Defense Counsel:
Loyd C. Tate
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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