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

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UNITED STATES DISTRICT COU T
for MAR 2 0 2007
{7T; 2 n DISTRICT OF ARIZONA CLERK U S Disrnimm
SEALED
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United States v. Oneida Nutt Docket N0. 03CR00854-06-PHX-JAT
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER David J. Gardner presenting an official report on Oneida
__4tF· Nutt who was committed to the Bureau of Prisons on October 19, 2004, by the Honorable James A.
‘ Teilborg presiding in the District Court of Arizona. A period of three (3) years supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on October 14,
2005. In 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 shall contribute to the cost of
treatment in an amount to be determined by the probation officer.
2. You shall submit your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner based on a reasonable suspicion of contraband
or evidence of violation of a condition of release. Failure to submit to search may be grounds for
revocation. You shall warn any other residents that the premises may be subject to searches
pursuant to this condition.
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.
A5. 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 oftreatment in an amount
to be determined by the probation officer.
6. The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
7. You shall abstain from all use of alcohol or alcoholic beverages.
Oneida Nutt was convicted of Conspiracy (Pinkerton Act), 18 USC §371; Dealing in Counterfeit
Obligations or Securities, 18 USC §473; and Dealing in Counterfeit State Obligations or Securities, 18
USC §513(a).
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U.S.A. v. Oneida Nutt • O
Docket N0. 03CR00654-06-Pl-iX-JAT
I\/Iarch 13, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
{Ai Violation of Standard Condition #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."
1)The offender used methamphetamine on or about September 7, 2006, as evidenced by the attached
Drug Test Report provided by Kroll Laboratory.
2) The offender used alcohol and methamphetamine on or about October21 , 2006, as evidenced by the
attached admission statement made by the offender on October 23, 2006.
3) The offender used methamphetamine on or about October 26, 2006, as evidenced by the attached
Drug Test Report provided by Kroll Laboratory.
4) The offender used methamphetamine on or about November2‘l, 2006, as evidenced bythe attached
Drug Test Report provided by Kroll Laboratory.
5) The offender used methamphetamine on or about February 13, 2007, as evidenced by the attached
Drug Test Report provided by Kroll Laboratory.
All Grade C violations. §7B1.3(a)(2).
(Bl Violation of Standard Condition #1 1: "You shall not associate with any persons engaged in criminal
activity, and shall not associate with any person convicted of a felony unless granted permission to do
so by the probation officer."
On February 13, 2007, the offender was found to be in association with Ernesto Galvez, a convicted
felon who was under the supervision of the U.S. Probation Office at the time of their contact. The
supervising probation officers will testify that the offender was seen with Galvez at her home and both
offenders were not granted permission to associate with each other. The attached Marriage License
dated November 24, 2006, suggests the offender had continuous unauthorized association with Galvez.
Grade C violation. §7B1.3(a)(2).
(Ci Violation of Sgecial Condition #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."
As evidenced by the attached report submitted by TASC, the offender failed to appearfor random urine
testing on January 22, February 5, February 22, and February 28, 2007. A Grade C violation.
§7B1.3(a)(2). c
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U.S.A. v. Oneida Nutt O
Docket N0. 03CR00854—06-PHX—JAT
March 13, 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, I am petitioning the Court to issue a warrant.
_ . gl r /5*07
f¤>xDavi . Gar er, Date _
Senior U.S. Probation Officer
Reviewed by
, ’ .3 ·is-o 7
Lauri Trigilio Date
Supervisory U.S. Probation Officer
Rev' wed by
X Mae sr-/cd Ȣ> 7
,_,Pa `I V. R d Date
J. 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 ugder penalty owerjuw. The Court orders the issuance of a warrant.
Considered and ordered this [ day of Ig cé , 20 OQZ and ordered filed and
made a part of the records in the above case.
Mg { M {/(/QQ?
-·* The Honorable James A. Teilborg,
I/"'U.S. Districtdudge vr . ·— - I <;i._g
Defense Counsel: I-T it it ilii in 2.
AFPD . _
850 West Adams Street Q sn
Suite 201 il .1 FSTP
Phoenix, Arizona 85007
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