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

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United States v. Tony Nate Sprague Docket No. 03CR00541-001—Pl-IX-'DGC
Petition to Revoke Supervised Release T-
COMES NOW PROBATION OFFICER R. Brian Colgan presenting an official report on Tony Nate,
Sprague who was committed to the Bureau of Prisons on November 8, 2004 by the Honorable David G.
Campbell presiding in-the District Court of Arizona. A 36-month term of supervised release was imposed,
and supervision commenced upon the offenders discharge from imprisonment on June 25, 2007. ln
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
ga reasonable time and in a reasonable manner.
3. 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.
4. You shall complete 100 hours of community service at the rate of not less than hours per as
approved and directed by the probation officer.
5. You are prohibited from owning, maintaining or using a firearm.
Tony Nate Sprague was convicted of felon in possession of a firearm, a class C felony and sentenced
to 57 months prison.
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".
Sprague failed to report in person to the probation office on or about April 2, 2008, as directed by
the supervising probation officer. A grade C violation §7B1.1(a)(3).
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U.S.A. v. Tony Nate Sprague ’ Q ’ .
Docket No. 03CR00541—001—PHX—DGC
April 23, 2008
B. Violation of Standard Condition No. 3: "You shall report to the Probation Office as directed 3
by the Court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month". i
Sprague failed to submit a written monthly supervision report for March 2008, due to the
supervising probation officer by April 5, 2008. A grade C violation §7B1.1(a)(3).
C. Violation of Standard Condition No. 9: "You shall not purchase, possess, use, distribute r
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."
On or about December 24, 2007, Sprague used a controlled substance, to wit, methamphetamine,
as evidenced by a positive urine test report from Kroll Laboratories and a written admission form
signed by Sprague. A Grade C violation. §7B‘l .‘l(a)(3).
D. Violation of Special Condition No. 1: "You shall participate as instructed by the probation
officerin a program ofsubstance abuse treatment which may include testing forsubstance
abuse. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer."
1. On or about April 1, 2008, Sprague failed to submit a urine sample at TASC in Phoenix,
Arizona, via the TASC "color line" as directed by the supervising probation officer. A Grade
C violation §7B1.1(a)(3).
2. On or about April 9, 2008, Sprague failed to submit a urine sample at TASC in Phoenix,
Arizona, via the TASC "coIor line" as directed by the supervising probation officer. A Grade
C violation §7B1.1(a)(3).
3. On or about April 17, 2008, Sprague failed to submit a urine sample at TASC in Phoenix,
Arizona, via the TASC "color line" as directed by the supervising probation officer. A Grade
C violation §7B1 .1(a)(3).
4. On or about April 22, 2008, Sprague failed to submit a urine sample at TASC in Phoenix,
Arizona, via the TASC "color line" as directed bythe supervising probation officer. A Grade
C violation §7B1 .1(a)(3).
E. Violation of Special Condition No. 3: "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."
On April 3, 2008, Sprague failed to participate in treatment at Southwest Behavioral Health
Services in Phoenix, Arizona as directed and as a result, he was subsequently unsuccessfully
discharged on April 18, 2008. A Grade C violation §7B1.1(a)(3).
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USA. v. Tony Nate Sprague Q •
- Docket N0. 03CRO0541-001-PHX-DGC
April 23, 2008 .
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 conditionsof supervision, I am petitioning the Court to issue a warrant.
W 7.} I 05
R. Brian oigan Date
Senior U.S. Probation Officer
Reviewed by _
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Fred Chilese Date
Supervisory U.S. Probation Officer
Revi ed by
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Fr derick . Battista Dat
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 perjury. The Court orders the issuance of a warrant.
Considered and ordered this @0 day of @/,4 , 20 ff and ordered"-filed and
made a part of the records in the above case.
The gonorable David C. Campbell
U.S. District Judge
Defense Counsel:
James Park (appointed) I
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