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

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UNITED STATES DISTRICT COU “E°E"’E° CO
DETR CT for APR 2 4 2007 ,
' OF f`·"*'Z°'*'A CLERK U S s.S-rw com
- otsrnior OF ARIZONA ;
1av .. DEPUTY
United States v. Alfonso Lopez-Davis Docket No. 04 · • • • · • f• ` · *' -4 ` `
Petition to Revoke Supervised Release l ’
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 offender's discharge from imprisonmenton October 18,
2008. In addition tothe 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 ,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 are prohibited from owning, maintaining or using a firearm.
4. You shall a-bstain from all use of alcohol or alcoholic beverages.
As modihed 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 answer truthfully all inquires bythe probation
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.
Grade C violation. 7B1.1(a)(3)(B).
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.. - U.S.A. v. Alfonso Lopez—Davis• · •
Docket No. 04CR00069-001-PHX—SRB
April 17, 2007
B. Violation of Standard Condition No. 4: "You shall answertruthfully all inquires by the probation
officer and follow the instructions of the probation ofncer."
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 sub.stance 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 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.
Grade C violation. 7B1 .1(a)(3)(B).
E. Violation ofSpeciaI 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 offenderfailed to attend group sessions on March 27
and February 10, 2007.
Grade C violation. 7B1.1(a)(3)(B). ·
Case 2:O4—cr-00069-SRB Document 82 Filed O4/24/2007 Page 2 of 3

Paige 3 ‘*
.. · U.S.A. v. Alfonso Lopez-Daviso •
Docket No. O4CR00069—001-PHX-SRB
April 17, 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.
Ly . LL Ur U
Sharon D. erner, Date
Senior U.S. Probation Officer
Reviewed by F L
l y l r Q Q W rg/<»?~
Neil Gra r Date
Supervisory U.S. Probation Officer
Rev' wed by l
. / zap!-—-J §L&.?dj07
n B. S eel D e
sistant 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 p rjury. _T court orders the issuance of a warrant.
Considered and ordered this ‘Z§, day of [ g E , 20 gg) and ordered filed and
made a part of the records in the above case.
The éorable Susan R. éolton,
U.S. District Judge
l rr rr · rr =.* i Yit“%l W10
Defense Counsel: I
Donna rg-
850 West Adams Street
Suite 201 I g _
Phoenix, Arizona 85007 _g;,r,=‘.LrQ-I1; _ " ll
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