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

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DISTRICT OF ARIZONA i
B'l’........______ DEPUTY ,
United States v. Norberta Joaquin Docket No. O3CR00583—003-PHX—SRB
Petition to Revoke Supervised Release I
COMES NOW PROBATION OFFICER Darren C. Graybill presenting an official report on Norberta
Joaquin who was committed to the Bureau of Prisons on September 8, 2003, bythe Honorable Susan
R. Bolton presiding in the District Court of Arizona. A 36-month period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on April 27,
2004. In addition to the general terms and conditions adopted bythe court in General Order 04-1 1 , 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 atthe 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 reside and participate in a community corrections center for up to 90 days and shall
comply with the rules of the facility.
6. You shall abstain from all use of alcohol or alcoholic beverages.
7. You shall participate as instructed by the probation officer in a parenting program/parenting
classes. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer.
Norberta Joaquin was convicted of transportation of illegal aliens, a Class C Felony offense.
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U.S.A. v. Norberta Joaquin W" "'J
Docket No. 03CR00583-003-PHX-SRB
March 13, 2006
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 offender did not report to the office or submit a monthly report for the months of January,
February, March, April, May, June, July, August, and September 2005. On June 7, 2005, the
offender was contacted at her residence and instructed to report to the Probation Office on June
15, 2005, to submit a DNA sample. She failed to report as instructed. A Grade C violation.
§7B1.1(a)(3)(B).
B. Violation of Standard Condition No. 1: "You shall not commit anotherfederal, state, or local
crime during the term of supervision."
On November 11, 2005, the offender committed the offense of driving under the influence of
alcohol. On that date, Norberta Joaquin was the driver of a vehicle that was involved in a two-
vehicle accident near Casa Grande, Arizona. She failed a field sobriety test and subsequently
agreed to take an intoxilyzer breath test which revealed she had a .148 percent and a .152 percent
blood alcohol content (Incident No. 051111023). Pinal County Sheriffs Department officers
charged her with driving underthe influence (DUI) of an intoxicating beverage and for extreme
DUI, in violation of ARS § 28-1381 and ARS § 28-1382. A Grade C violation. §7B1.1(a)(3)(B).
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U.S.A. v. Norberta Joaquin """`° "’*"'
Docket No. 03CR00583-003-PHX-SRB
March 13, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER AWARRANT 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
off der has violated condition of upervision, I am petitioning the Court to issue a warrant.
Darren C. Graybill, Dat;
U.S. Probation Offic ’
Reviewed by J
R / F /x
’ . uagx.5/;¤»é
nnif . Sunshine Date
Supe sory U.S. Probation Officer
Re ' wed by I
Z J-M/*‘“ 3;/rz go év
Be Phillips 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 p rj ry. Th Court ordersthe issuance of a warrant.
Considered and ordered this if day of , , 20 1;-la and ordered filed and
made a part ofthe records inthe ab ve case.
The Honorable Susan R. Bolton,
U.S. DistrictJudge _» ~.
._,_ ‘ ·‘ .. .-·-
Defense Counsel: €>;l;»z§~$ '%‘_ Efltli
Tamara Brooks-Primera l_|_ S, PPEQILE ~ I ,- -,
407 West Congress Street Pi—t(.T>?T§~£i.»:_. ..;- .‘.. 2 r
Suite 501
Tucson, Arizona 85701-1310
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