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


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Date: October 2, 2007
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State: Arizona
Category: District Court of Arizona
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United States v. Shannon Lee MCCOLERY Docket No. O1é··?·é‘¢“*·-‘=·= · · ‘·'·=* ~
Petition to Revoke Supervised Releaseq S
COMES NOW PROBATION OFFICER Michael A. Watts presenting an official report on Shannon
Lee MCCOLERY who was committed to the Bureau of Prisons in connection with a conviction for
possession of stolen mail for a term of time served on October 25, 2001 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 November 22, 2002.
On September 19, 2005, the term of supervised release was revoked and McColery was sentenced to
18 months incarceration in the Bureau of Prisons. Supenrised release commenced upon the defendant’s
release from imprisonment on September 21, 2006. In 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
a reasonable time and in a reasonable manner.
3. You shall cooperate in the collection of DNA as directed by the probation officer.
Case 2:01-cr—OO175—ROS Document 51 Filed 10/O2/2007 Page 1 of 3

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USA. y. Shannon Lee MCCO RY
Docket N0. 01CROO175-001-PHX-ROS
September 24, 2007 `
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 9: You shall not purchase, possess, use, distribute 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 July 3, 2007 and September 4, 2007, the offender used methamphetamine as evidenced
by Rapid Drug Screening results and written admissions signed by the offender.
These violations are Grade C violations. §7B1.1(a)(3)
B. Violation of Special Condition No. 1: You shall participate as instructed by the probation officer int
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.
On or about June 14, 2007 and August 30, 2007, the offender failed to submit to drug testing at TASC
per the random color testing line as evidenced by documentation from TASC.
These violations are Grade C violations. §7B1.1(a)(3)
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS 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 summons.
% { @% <7/¢•//07
ll/lichael A. Watts, Date
Senior U.S. Probation Officer ,,.,
Reviewed by `
Ei {CQ 7 sr/L./@
Neil Graber Date
Supervisory U.S. Probation Officer g
Revi ed by
' »'( I//L6/L ( / [AL/*.4 Q { O E l
.@ic el T. orrissey Date
Assistant U.S. Attorney
Case 2:01-cr—00175—ROS Document 51 Filed 10/02/2007 Page 2 of 3

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Ll.S`.A. xi. Shannon Lee MCCO RY
Docket No. 01CROO175—0O1-PHX-ROS
September 24, 2007
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 o er'ury. {The Court orders the issuance of a summons.
Considered and ordered this cg day of , 20 Q Z and ordered filed and
made a ian of the records in the above case.
The Honorable R slyn O. 1 ver,
U.S. District Judge
Defense Counsel:
James S. Park 4
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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