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

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United States v. Benjamin Maile Docket No. 02CR00468-001-PHX-SMM
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Petition to Revoke Probation / L
COMES NOW PROBATION OFFICER Matt L. Bass presenting an official report on Benjamin
Maile who was placed on probation on September 12, 2002, by the Honorable Stephen M. McNamee
presiding in the District Court of Arizona. A five year period of probation was imposed. ln addition to the
general terms and conditions adopted by the court, the offenderwas 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 at the direction of, the probation officer.
3. You are prohibited from owning, maintaining, or using a firearm. I
4. As a condition of probation, you shall serve two (2) months of home confinement, as directed by
the probation officer.
Benjamin Maile was convicted of Possession of Stolen mail, a Class D felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 8: "You shall refrain from excessive use of alcohol and
shall not purchase, possess, use, distribute or administer any narcotic or other controlled
substance, or any paraphernalia related to such substances, except as prescribed by a physician.
Possession of controlled substances will result in mandatory revocation of your supervised
release. lf ordered by the Court to participate in a drug and/or alcohol abuse treatment program,
you shall totally abstain from the use of any alcoholic beverages _or other intoxlcants during and
after the course of your treatment. ”
Maile used methamphetamine. On June 23, 2006, Maile reported to the probation office and submitted
a urine sample which tested positive for methamphetamine. Also on this date, Maile signed a written
admission form and indicated he smoked methamphetamine on June 22, 2006. Grade C violation.
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U.S.A. v. Benjamin Maile
Docket No. 02CR00468-001-PHX-SMM
August 1, 2006
B. Violation of Standard Condition No. 12: "You shall immediately notify the probation officer
(within forty—eight (48) hours if during a weekend or on a holiday) of being arrested or questioned
by a law enforcement ofdcer. "
On July 28, 2005, Maile had contact with law enforcement (U.S. Postal Inspectors) and failed to report
the incident to this officer. Grade C violation.
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.
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Matt L. Bass Date
U.S. Probation Officer
Reviewed by -
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Abelardo R. Colores Date
Supervisory U.S. Probation Officer
Re wed by
J &{¤Z»¢·"" {/{ *;.4 é
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Assistant U.S. Attorney
l ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above afhmiation given under penalty of pedury. The Court orders the issuance of a warrant.
Considered and ordered this Q day of 20 gg and ordered tiled and
made a part of the records in the above case.
The Hon§able Stephen M. McNamee
U.S. District Judge ·
Defense Counsel;
Joanne F. Landfair
331 North First Avenue
Suite 103
Phoenix, Arizona 85003
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