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

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United States v. Billy Wayne Colson Docket No. 03CR00909-001-PHX—SiVllVl
Petition to Revoke Supervised Release
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 M. McNamee 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 March 3, 2006. In addition to the general terms and conditions adopted by the 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 detemiined 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 March 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.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
On March 30, 2006, Colson changed his residence without notifying the probation officer. His
current whereabouts are unknown. Grade C violation. §7B1 .1(a)(3).
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U.S.A. v. Billy Wayne Colson O ·· · 0
Docket No. 03CR00909-001-PHX-SMM
April 3, 2006
B. Violation of Special Condition 7: "You shall abstain from all use of alcohol or alcoholic
beverages."
On or about March 27, 2006, Colson consumed alcohol as evidenced by positive breath test
results and his handwritten admission dated the same day. Grade C violation. §7B1.1(a)(3).
C. Violation of Special Condition 8: "You shall reside and participate in a community
corrections center for 180 days, unless discharged earlier by the probation officer."
Colson failed to reside at a community corrections center for 180 days as evidenced by the
serious incident report detailing him absconding from Behavioral Systems Southwest dated I\/Iarch
30, 2006. Grade C violation. §7B1 .1(a)(3).
l
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U.S.A. v. Billy Wayne Colson O r · O
Docket No. 03CR00909-0O1·PHX—Sl\/IM
April 3, 2006
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, I am petitioning the Court to issue a warrant.
Elizabeth P. Simons Date
Senior U.S. Probation Officer
Reviewed by C
gl; j£§ {2 =t/wjvé
{rf Lori A. Wantlan Date
Supervisory U.S. Probation Officer
Rev' ed by
E ory T. urley Date
Assistant U.S. Attomey
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 AZ day of , 2006 and ordered tiled and
made a part of the records in the above case.
lie égorable Stephen M. IVlcNamee
Chief U.S. District Judge
Defense Counsel:
l Douglas A. Passon
j 850 West Adams Street
j Suite 201
Phoenix, Arizona 85007
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