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

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United States v. Richard Earl Tucker Docket No. 03CR01200—001-PHX-PGR
Petition to Revoke Supervised Release I 2..
COMES NOW PROBATION OFFICER Kelly Heitkam presenting an official report on Richard Earl
Tucker who was committed to the Bureau of Prisons on June 3, 2004, by the Honorable Paul G.
Rosenblatt 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 on June 9,
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 shali 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 are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. You shall abstain from all use of alcohol or alcoholic beverages.
Richard Earl Tucker was convicted of Possession of Stolen Mail, in violation of 18 U.S.C. § 1708, a class
D felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 3: You shall report to the Probation Office as directed by the
Court or probation officer, and shall submit a truthful and complete written report within the first five days
of each month.
The defendant failed to report to the probation office as directed. Additionally, the defendant failed to
submit monthly supervision reports forthe months of November and December 2006. Grade C violation.
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U.S.A. v. Richard Earl Tucker • _ - O
Docket No. 03CR01200-001-PHX-PGR
January 18, 2007
B. 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 supewision.
Tucker used methamphetamine on or about November 5, 2006, evidenced by a presumptive positive
urine sample and the defendants written admission. Grade C violation.
C. Violation of Standard Condition No. 18: The balance of any financial obligation ordered by this
Court shall be paid in regular monthly installments approved by the probation officer, the full amount to
be paid in 90 days prior to your expiration of supenrision. You will notify the probation officer of any
material change in your economic circumstances that might affect your ability to pay restitution, tlns,
or special assessments.
Tucker has failed to make any payments towards his restitution balance. Grade C violation.
D. 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.
1. Tucker failed to submit to drug testing as directed on September 28, 2006; October 19, 2006; October
26, 2006; November 2, 2006; November 29, 2006; and December 13, 2006. Grade C violation.
2. Tucker has failed to participate in substance abuse counseling as directed. Grade C violation.
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U.S.A. v. Richard Earl Tuckero _ - O
Docket No. 03CR01200-001-PHX-PGR
January 18, 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, 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 warrant.
i ' I JI _
att 8
Kelly He' kam Date
U.S. Probation Officer
Reviewed bg? /
Fred Chilese Date
Supervisory U.S. Probation Officer
Rev' _ wed by
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ry Nl. R staino Dat
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 Zz {day of , 2062 and ordered filed and
made a part of the records in the above case.
The Honorable Paul G. Rosenblatt i
Senior U.S. District Judge
Defense Counsel:
Deborah L. Euler-Ajayi
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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