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

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United States v. Billy Wayne Colson Docket No. 0 *¢r~' • I • •° • • - - MFIIIY
Petition to Revoke Supervised Release ji
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on Billy
Wayne Colson who was committed to the Bureau of Prisons on April 29, 2004, by the Honorable
Stephen ll/l. l\/IcNamee 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 l\/larch 3, 2006. In addition to the general terms and conditions adopted bythe court in General Order
05-36, 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 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 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.
6. You are prohibited from owning, maintaining or using a firearm.
7. You shall abstain from all use of alcohol or alcoholic beverages.
On l\/larch 3, 2006, via Waiver and Order, the following special condition was added: _
8. You shall reside and participate in a community corrections center for 180 days, unless
discharged earlier by the probation officer.
Billy Wayne Colson was convicted of Ct. 1: Felon in Possession of a Firearm, a Class C felony in
violation of 18 USC §§ 922(g)(1) and 924(a)(2). He was sentenced to 27 months in prison.
On April 14, 2006, a petition to revoke supervised release was filed and a warrant was issued. Colson
was arrested on March 3, 2007. On May 1, 2007, supervised release was reinstated with all the original
terms and conditions reimposed.
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U.S.A. v. Billy Wayne Colson O 0
Docket No. 03CR00909—001»PHX-SI\/ll\/I
June 20, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 1: "You shall not commit another federal, state or local
crime during the term of supervision."
As evidenced by Arizona Department of Public Safety Departmental Report number 2007-032664,
and the testimony of Arizona Department of Public Safety Officer Padgett, (#6283) on June 15,
2007, Colson committed the crimes of DUI, in violation of A.R.S. §28-1381; Criminal Damage, in
violation of A.R.S. §13-1602; and Resisting Arrest, in violation of A.R.S. §13-2508. Grade C
violation. §7B1.1(a)(3).
B. Violation of Standard Condition 13: ‘.‘You shall immediately notify the probation officer
(within forty-eight (48) hours if during a weekend or on a holiday) of being arrested or .
questioned by a law enforcement officer.”
On or about June 15, 2007, Colson had contact with the Arizona Department cf Public Safety.
l-le failed to notify the probation officer ofthe contact. Grade C violation. §7B1.1(a)(3).
C. Violation of Special Condition 7: "You shall abstain from all use of alcohol or alcoholic
beverages."
On or about June 15, 2007, Colson consumed alcohol as evidenced by the testimony of Arizona
Department of Public Safety Officer Padgett (#6283) and Arizona Department of Public Safety
Departmental Report number 2007-032664. Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Billy Wayne Colson
l Docket No. 03CR00909-001-PHX-SIVIIVI
i June 20, 2007
l
i AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
i l In conformance with the provision of 28 u.s.o. § 1746, I declare, under penalty of perjury, that the
i 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.
(/v·ZO» O Z
Elizab P. Simons Date
Senior U.S. Probation Officer
Re wed by A
` . re {Je /6 Z
Lori A. Wantland Date
Supervisory U.S. Probation Officer
l Rev` wed by
4 é/».é¢r’ é {affix? 7
E ory T. urley 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 per`ury. The Court orders the issuance of a warrant.
Considered and ordered this 27- day of %g••»•- , 2007 and ordered filed and
made a part of the records in the above case.
-
l
l The onorable Stephen M. li/IcNamee
p U.S. District Judge
Defense Counsel:
Dougias A. Passon
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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