Free Other Notice - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COU ‘ T
for OCT 2 6 7007
DISTRICT OF ARIZONA grgng ug Drsmrm count
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BY — DEPUTY
United States v. Alfonso Lopez-Davis Docket No. 04CR00069-001-PHX-SRB
Superseding Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Sharon D. Werner presenting an official report on Alfonso
Lopez-Davis who was committed to the Bureau of Prisons on November 16, 2004, by the Honorable
Susan R. Bolton presiding in the District Court of Arizona. Athree year period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on October 18,
2006. 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 to search of person, property ,vehicIes, 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.I You are prohibited from owning, maintaining or using a firearm.
4. You shall abstain from all use of alcohol or alcoholic beverages.
As modified on April 5, 2007
You shall reside and participate in a residential re-entry center for 180 days, unless discharged
earlier by the probation officer and shall abide by the rules of the program.
Alfonzo Lopez-Davis was convicted of assault on a federal officer.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 4: "You shall answertruthfully all inquires bythe probation
. rr officer and follow the instructions of the probation officer."
Lopez-Davis failed to follow the instructions of the probation officer regarding urinalysis testing.
On March 12, 2007, the offender was instructed verbally and in writing to begin phase l urine
collection at TASC beginning March 14, 2007. Lopez-Davis failed to leave urine specimens on
March 22 and 29, 2007; and, April 10, 2007. I
Grade C violation. 7B1.1(a)(3)(B).
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U.S.A. v'. Alfonso Lopez-Dax! O
Docket No. 04CR00069-001-PHX-SRB
October 23, 2007
B. Violation of Standard Condition No. 4: "You shall answertruthfully all inquires by the probation
officer and follow the instructions of the probation officer."
Lopez-Davis failed to follow the instructions of the probation officer regarding calling the probation
officer. On April 2, 2007, the offender was instructed to contact the undersigned daily, by
telephone, as arrangements were being made for Lopez-Davis to be placed in a Residential Re-
entry Center. The offender last contacted the undersigned on April 9, 2007.
Grade C violation. 7B1.1(a)(3)(B).
C. 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 supen/ision."
Lopez-Davis used illicit substances. On November 6, 2006, the offender submitted a urine
specimen which was positive for cocaine.
Grade C violation. 7B1.1(a)(3)(B).
D. 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."
Lopez-Davis used illicit substances. On March 28, 2007, the offender submitted a urine specimen
which was positive for marijuana and methamphetamine. The offender admitted last using
marijuana and methamphetamine on March 27, 2007. 1
Grade C violation. 7B1.1(a)(3)(B).
E. Violation of Special Condition No. 2: "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."
Lopez-Davis failed to participate in weekly group substance abuse treatment at Cactus
Counseling in Casa Grande, Arizona. The offender failed to attend group sessions on lvlarch 27 l
and February 10, 2007.
Grade C violation. 7B1.1(a)(3)(B).
Case 2:04-cr-00069-SRB Document 98 Filed 10/26/2007 Page 2 of 4

Page 3 Q ·
U.S.A. v'. Alfonso Lopez-Davi
Docket No. 04CRO0069-001-PHX-SRB
October 23, 2007
F. Violation of Standard Condition No. 16: "If you have ever been convicted of a felony, you shall
refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon.
If you have ever been convicted of a misdemeanor involving domestic violence, you shall refrain
from possession of any firearm or ammunition. Possession of a firearm will result in mandatory
revocation of yourterm of supervision. This prohibition does not applyto misdemeanor cases that
did not entail domestic violence, unless a special condition is imposed by the Court.
On June 29, 2007, Lopez-Davis possessed ammunition. On June 29, 2007, Lopez-Davis was
arrested by the Eloy Police Department on drug charges. During a search of his person, a
magazine for a Glock, 9mm handgun, was found in the offender’s pant pocket. The magazine
was loaded with approximately five rounds of ammunition.
Grade B violation. 7B1 .1(a)(2).
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U.S.A. v'. Alfonso Lopez-Dag .
Docket No. 04CR00069-001-PHX-SRB
October 23, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL SUPERSEDE THE PETITION
DATED April 23, 2007
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 supen/ision, I am petitioning the court to supersede the petition dated
April 23, 2007, and order the offender continued detained.
! EM , (A/K·@’%»g..x
Sharon D. Werner Date
Senior U.S. Probation Officer
Reviewed by ,
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eil Graber Date
Supervisory U.S. Probation Officer
e by
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Ann B. Scheel 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 perjuryge c urt orders the offender continued
detained. Considered and ordered this 7-Cs day of ,20 j' )and ordered filed
and made a part of the records in the above case.
Thegonorable Susan R. Bolton
U.S. District Judge
Defense Counsel: ·
Donna L. Elm
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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