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

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_ United States v. Michael J. DAVIS Docket No. 04CR00026-001-Pi-IX-El-IC
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Sharon D. Werner presenting an official report on Michael
J. DAVIS who was committed to the Bureau of Prisons on May 21, 2004, bythe Honorable Earl H. Carroll
presiding in the District Court of Arizona. A 17 month period of supervised release was imposed, and
supervision commenced upon the offender’s discharge from imprisonment on February 24, 2006.
However, the offender was detained on tribal related matters and his term of supervised release was
tolled. Davis ultimately released to the community on February 26, 2008. In addition to the general
temts 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 shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
4. You shall not contact the following victim’s family without permission from the probation officer and
the probation officer will verify compliance.
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall reside in a residence approved, in advance, by the probation officer. Any changes in
the residence must be pre—approved by the probation officer.
7. You shall seek and maintain verifiable employment but not change your place of employment
without prior approval of the probation officer.
As modified on March 5, 2008:
You shall reside and participate in a residential re-entry center for 180 days, unless discharged
earlier by the probation officer.
Michael J. DAVIS was convicted of burglary.
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U.S.A. v. Michael J. DAVIS • O
Docket No. 04CR00026-001-Pl-IX-EHC
May 7, 2008
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition No. 5: "You shall abstain from all use of alcohol or alcoholic
beverages."
On May 3, 2008, Davis consumed alcohol. On May 3, 2008, BSSW staff administered
breathalyzer tests which revealed a BAC of .017 and .019 respectively.
Grade C violation. §7B1 .‘l(a)(3)(B).
B. Violation of Unnumbered Special Condition : "You shall reside and participate in a residential
re-entry center for 180 days, unless discharged earlier by the probation officer. "
Davis failed to participate in a residential re-entry center for 180 days. On March 6, 2008,
Davis was placed at Behavioral Systems Southwest (BSSW) in Florence, Arizona. On May 3,
2008, the offender left the facility and has not returned. Davis has not contacted BSSW or the
undersigned and his where-a-bouts are unknown.
Grade C violation. §7B1.1(a)(3)(B).
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER AWARRANT BE ISSUED
ln 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 supervision, l am petitioning the Court to issue a wanant.
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Sharon D. Werner Date
Senior U.S. Probation Officer
Office phone: 602-682-4306
Cell phone: 602-725-3614 _
Re ' wed .
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Neil Graber Date
Supervisory U.S. Probation Officer
Office phone: 602-682-4368
Cell phone: 602-725-3590
Rev wed by U l
dn MF 5; 240 F
h ron Sexton Date
Assistant U.S. Attorney
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U.S.A. v. Michael J. DAVIS • • ·
Docket No. 04CRO0026-001-PHX-EHC
May 7, 2008
ORDER OF COURT
I tind there is probable cause to believe the offender has violated conditions of supervision, supported
by the above aflirmation given under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this /.L day of , 20 UX and ordered tiled and
made a part of the records in the above case.
The Honorable Earl H. Carroll
Senior U.S. District Judge
Defense Counsel:
Philip A. Seplow
45 West Jefferson
Suite 503
Phoenix, Arizona 85003-2307
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