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UNITED STATES DISTRICT CO RT msc 2 ri M5
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oisrraicr oi= ARIZONA ¤is
United States v. JOHN LUNGHOFER Docket No. 00CR01205—00t—PHX-ROS
Petition to Revoke Supervised Release QP
COMES NOW PROBATION OFFICER Adelina Bustamante presenting an official report on JOHN
LUNGHOFER who was committed to the Bureau of Prisons on June 19, 2001 , with credit fortime served,
by the Honorable Roslyn O. Silver 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 December 8, 2004. In addition to the general terms and conditions adopted by the
court in General Order 99-9, 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, 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 remain gainfully employed and not change employment unless approved by the
probation officer.
4. You shali make child support payments for your child(9 year old daughter).
JOHN LUNGHOFER was convicted of Bank Robbery and Aid and Abet, a Class C Felony, in violation
of 18 USC §2113(a) and 2.
On May 9, 2005, a petition to revoke was submitted and on May 17, 2005, a warrant was issued. On
June 20, 2005, the Court ordered case number CR02-0926-PHX—FJl\/1, be transferred to the Honorable
Roslyn O. Silver.
On July 15, 2005, l.unghofer's supervised release was revoked and he was sentenced to4 months BOP,
with 32 months of supervised release to follow, and to run concurrent with sentence imposed in CR02-
0926-PHX—ROS. It was further ordered that the special conditions previously imposed be ordered, in
addition to: "You shall participate in a community corrections center at Behavioral Systems Southwest
for up to six months after release from imprisonment."
Case 2:00-cr—01205—ROS Document 82 Filed 12/20/2005 Paget of3
Page 2
U.S.A. v. JOHN LUNGHOFER\»'° wi
Docket No. O0CR01205-001-PHX-ROS
December 6, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special 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 office."
On September 29, 2005, Lunghofer was directed to begin submitting to random urine testing, beginning
October 6, 2005. Lunghofer has failed to submit to random urine testing on the following dates: October
17, October 27, November 3, November 7, November 16, November 23, and December 1 , 2005. Grade
C violation.
B. Violation of Special Condition directing Lunhofer to "participate in a community corrections
center at Behavioral Systems Southwest for up to six months after release from imprisonment."
Due to the lack of bed space available at Behavioral Systems Southwest, on September 29, 2005, this
officerdirected Lunghoferto enter Stepshouse/Centerfor Healing. As Lu nghoferfailed to readily do this,
on November 7,2005, he was mailed a certified letter directing him to enterthe facility by November 15,
2005. On November 14, 2005, Lunghofer reported he was "making his way to the program." Lunghofer
failed to enter the program as directed. Grade C violation.
C. Violation of Standard Condition #9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substancempossession of a controlled substance will
result in mandatory revocation of your term of supervision."
On November 14, 2005, Lunghofer was questioned about his failure to submit to random urine testing.
When asking him to provide an explanation, his response was " same as last time." This officer noted
how on his prior term of supervision he had been using drugs. This officer asked the last time he had
used drugs and he reported it was Saturday (November 12, 2005). Grade C violation.
D. Violation of Standard Condition #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."
On September 29, 2005, he was provided with monthly report forms and instructed to mail these in on
a monthly basis. Lunghofer has failed to submit monthly report forms for the months of October, and
November 2005. Grade C violation.
Case 2:00-cr—01205—ROS Document 82 Filed 12/20/2005 Page 2 of 3
Page 3 __
U.S.A. v. JOHN LUNGHOFER`°*•" W
Docket No. 00CR01205—001-PHX—ROS
December 6, 2005
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
offe er has violated conditions of supervision, l am petltioning the Court to issue a warrant.
i' { _.-- {_
t /2 —— f/·' ·<=· 5
dellna Bustamante, Date
Senior U.S. Probation Officer
Reviewed by
éfguyl , Aygéféyg /J-7——O5“
Laur' Trigilio, Date
Supervisory U.S. Probation Officer
R _iewed by I
Q. / aw- ga -/g»w"‘
- nn . McCormick Date
Assistant U.S. Attorney
ORDER OF COURT
l find there is probable cause to believe the wer has violated conditions of supervision, supported
by the above affirmation given under penalty erjury. The Court orders the issuance of a warrant.
Considered and ordered this gg day of E E€£@;r@ , , 20Qj; and ordered tiled and
made a part of the records in the above case.
M; rabl s yn O. Silver
U.S. District Judge
Defense Counsel:
Jane L. McClellan
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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