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

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United States v. Richard RESNICK Docket No. 2:01CR001 78-001- · OY?

f Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER R. Brian Colgan presenting an official report on Richard
RESNICK who was committed to the Bureau of Prisons on April 22, 2002, by the Honorable James A.
Teilborg presiding in the District Court of Arizona. A 36 month period of supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on October 16,
2003.
Richard Resnick was convicted of Bank Robbery in violation of 18 USC § 21 13(a), a Class C felony.
On November 21 , 2005, the Court revoked Resnick's supervised release and ordered he serve 8 months
, prison to be followed by a 28 month term of supervised release.
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 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
a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring new Hnancial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. 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.
8. You shall reside and participate in a community corrections center or 12-step based halfway
house as directed by the supervising probation officer for 180 days, unless discharged earlier by
the probation officer. While at the program, you must comply with all program rules.
7. You shall abstain from all use of alcohol or alcoholic beverages.
On December 31 , 2005, Resnick began his current term of supervised release after he was mistakenly
released from custody after serving only 2 months of the 8 months imposed.
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U.S.A. v. Richard RESNICK 0 O
Docket No. 2:01 CR001 78-001 —JAT
April 12, 2007
On August 31, 2006, the Court approved a Waiver and Order adding a special condition requiring
Resnick to participate in a community corrections center or 12-step based halfway house for 180 days.
8. You shall reside and participate in a community corrections center or 12-step based halfway
house as directed by the supervising probation officer for 180 days, unless discharged earlier by
the probation officer. While at the program, you must comply with all program rules.
On January 24, 2007, the Court approved a Waiver and Order adding a special condition requiring
Resnick to participate in a community corrections center or 12-step based halfway house for 365 days.
9. You shall reside and participate in a community corrections center or 12-step based halfway
house as directed by the supervising probation officer for 180 days, unless discharged earlier by
the probation officer. While at the program, you must comply with all program rules.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
A. Violation of Standard Condition No. 7: "You shall notify the probation officer at least ten
days prior to any change of residence or employment."
i The offender changed his place of residence without notifying the supervising probation officer
10 days prior to his change of residence by leaving the Mesa House substance abuse treatment
program in Mesa, Arizona on or about February 16, 2007. A Grade C Violation. §7B1 .1(a)(3).
B. Violation of Special Condition No. 9: "You shall reside and participate in a community
corrections center or 12-step based halfway house as directed by the supervising
probation officer for 180 days, unless discharged earlier by the probation officer. While at
the program, you must comply with all program rules."
The offender failed to comply with all program rules while in the Mesa House substance abuse
treatment program (a 12-step based halfway house) by stealing over $2,000 (in cash and checks)
from the program on or about F-ebruary 16, 2007. A Grade C Violation. §7B1.1(a)(3).
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U.S.A. v. Richard RESNICK O
Docket No. 2:01CR00178-001-JAT
April 12, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS BE ISSUED
In conformance with the provision of 28 U.S.C. § 1748, 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 vi lated conditions of supervision, I am petltioning the Court to issue a summons.
;@ ig 46 2
R. Brian Col an, Date
Senior U.S. Probation Officer
Reviewed by
Q ZWIJZOZ
Fred Chilese Date
Supervisory U.S. Probation Officer ·
Revi ed by -
, / MJT gg / 7{ 07
r d Batti a _ Date
Assistant .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 enalty of pe ju . The Court orders the issuance of a summons.
Considered and ordered this C? 5 day of , 200 Z? and ordered tiled and
made a part of the records in the above case.
ii:
The able James A. Tei org, nl
U.S. District Judge iy _ _ _§§§;,,,,
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Defense Counsel: ij ` `I`-
David Laeknan {JI 7r·
2800 N. Central 3;; is
Suite 1400 jg:. ‘ Q
Phoenix, Arizona 85004
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