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

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UNITED STATES DISTRICT COU '
for AUG 22 2007
I DISTRICT OF ARIZONA CLERK u s DISTRICT COURT
DISTRICT OF ARIZONA
BY DEPUTY
United States v. Leon David Nahat Docket No. 04CR00119—001—PHX—RGS
Petition to Revoke Supervised Release ’Ié
COMES NOW PROBATION OFFICER R. Brian Colgan presenting an official report on Leon
David Nahat who was committed to the Bureau of Prisons on January 11, 2005 by the Honorable Roger
G. Strand presiding in the District Court of Arizona. A 36-month term of supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on January 20,
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 shall provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring newfinancial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
Leon David Nahat was convicted of mail fraud, a class C felony.
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· U.S.A. v. Leon David Nahat O •
Docket No. O4CROO119-001-PHX-RGS
August 10, 2007 r
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 1: "You shall not commit anotherfederal, state, orlocal
crime during the term of supervision
On or about July 14, 2006, Nahat committed the crime of theft, a misdemeanor, in violation of
A.R.S. §13-1801 in Flagstaff, Arizona as charged in Flagstaff Justice Court case CR06—2543FE.
On May 3, 2007, Nahat was convicted of this offense after pleading guilty. A grade C violation
§7B1.1(a)(2)
B. Violation of Standard Condition No. 3: "You shall report to the Probation OfHce as directed
by the Court or probation officer, and shall submit a truthful and complete written report
within the Hrst live days of each month".
Nahat failed to report in person to the probation office on or about May 4, 2007, as directed. A
grade C violation §7B1.1(a)(3)
C. Violation of Standard Condition No. 3: "You shall report to the Probation Oflice as directed
by the Court or probation ofHcer, and shall submit a truthful and complete written report
within the first five days of each month".
1. Nahat failed to submit a written monthly supervision report for March 2007 due to the
supervising USPO by April 5, 2007. A grade C violation §7B1.1(a)(3)
2. Nahat failed to submit a written monthly supervision report for April 2007 due to the
supervising USPO by May 5, 2007. A grade C violation §7B1.1(a)(3)
3. Nahat failed to submit a written monthly supervision report for May 2007 due to the
supervising USPO by June 5, 2007. A grade C violation §7B1.1(a)(3)
4. Nahat failed to submit a written monthly supervision report for June 2007 due to the
supervising USPO by July 5, 2007. A grade C violation §7B1.1(a)(3)
5. Nahat failed to submit a written monthly supervision report for July 2007 due to the
supervising USPO by August 5, 2007. A grade C violation §7B1.1(a)(3)
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· I U.S.A. v. Leon David Nahat O V 0
Docket No. 04CR00119—001-PHX-RGS
August 10, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, l 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.
" Pg/S y [0 2
R. Brian olgan, Date
Senior U.S. Probatio Officer
Rev' d
. fg/Q/07
Fred ' se Date
Supervisory U.S. robation Officer
Rev'e3/ved by
%/LM , , Y / 7 6 7
* _ Y »::;;;.; 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 Q \ 5,* day of IAAL , 200*1 and ordered filed and
mad of the records inthe above case.
L
e nora Ie 0 . Strand,
Senior .S. District Judge
Defense Counsel:
Stephen Kunkle (appointed)
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