Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant was sentenced on September 22, 2003, to 24 months in prison followed by 3 years of supervised release. At his sentencing, Defendant was advised by the Court that in addition to the standard terms of supervision, he was ordered to comply with the additional condition that he "shall not re-enter the United States without legal authorization." A revocation petition and arrest warrant were issued when it was learned that Defendant was in the United States in June and October 2006. Defendant is now in custody for an illegal re-entry conviction in the Southern District of California and has a detainer lodged against him by this Court. On June 4, 2007, Defendant filed a pro se document entitled Defendant's Objections to the Court's Imposition of Probation/Supervised Release. He claims the Court is without jurisdiction to revoke supervised release, he was not provided with the conditions he is charged with violating and his claim that the imposition of supervised release for a conviction under 8 U.S.C .1326 is not mandated. v. Juan Sanchez Hurtado, Defendant. United States of America, Plaintiff, No. CR 03-742-1-PHX-SRB ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:03-cr-00742-SRB

Document 26

Filed 08/08/2007

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Defendant's objections are without merit. He was specifically advised of the special condition he is accused of violating in open court at sentencing. Supervised release is specifically authorized for a conviction such as Defendant's, and the petition is signed under oath or affirmation. The Court agrees with the response filed by the Government that the petition to revoke is valid and not subject to dismissal. IT IS ORDERED overruling Defendant's objections to the Court's Imposition of Probation/Supervised Release [doc. 19]. DATED this 8th day of August, 2007.

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Case 2:03-cr-00742-SRB

Document 26

Filed 08/08/2007

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