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

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UNITED STATES DISTRICT COU ‘ T JAN 2 9 ma r
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DISTRICT OF ARIZONA cL$§gTgig"F§Fm:gTZg§Apm
' y DEPUTY
United States v. Justin Abbate Docket No. 04CR50167—001-]0iH(*§€J6
l Petition to Revoke Supervised Release I ’
COMES NOW PROBATION OFFICER Kathy Wirtz presenting an official report on Justin Abbate
who was committed to the Bureau of Prisons on July 29, 2002, bythe Honorable Larry R. Hicks presiding
in the District Court of Nevada. A five-year period of supervised release was imposed, and supervision
commenced upon the offender’s discharge from imprisonment on July 7, 2003. Jurisdiction was _
- transferred to the District of Arizona October 1, 2004. In addition to the general terms and conditions
adopted by the court, the offender was ordered to comply with the following special conditions:
1. The defendant shall not possess, have under his control, or have access to any firearm, explosive
device, or other dangerous weapons, as defined by federal, state, or local law. .
2. The defendant shall submit to a search of his person, property, residence or automobile under
his control by the probation officer, or any other authorized person under the immediate and
, personal supervision of the probation officer without a search warrant to ensure compliance with
all conditions of release. -
3. The defendant shall participate in and successfully complete a substance abuse treatment
program, which will include drug testing, outpatient counseling, or residential placement, as
approved and directed by the probation officer.
4. The defendant shall participate in and successfully complete a mental health program, which may
include outpatient counseling or residential placement, as approved and directed but he probation
officer.
5. The defendant shall be prohibited from incurring new credit charges, opening additional lines of
credit, or negotiating or consummating any financial contracts without the approval of the
Probation Officer.
6. The defendant shall provide the probation officer access to any requested financial information,
including personal income tax returns, authorization for release of credit information, and any
other business information in which he has a control or interest.
On November 7, 2003, after the defendant failed to submit to drug testing, the following special condition
was added via Waiver and Order:
7. You shall complete 16 hours of community service, as approved and directed by the probation
officer.
On January 23, 2004, after the defendant failed to submit to drug testing and attend counseling and
admitted to cocaine use, the following special condition was added via Waiver and Order:
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U.S.A. v. Justin Abbate 0 0 `
Docket No. 04CR50187—001-SRB—PHX , ,
January 22, 2008
8. You shall complete 40 hours of community service as approved and directed by the probation
officer. ,
On March 2, 2004, after the defendant failed to attend substance abuse counseling and tested positive
for alcohol use, the following special condition was added via Waiver and Order:
9. You shall be confined to home confinement with electronic monitoring, if available, for a period
of one month. You shall pay 100 percent of the costs of electronic monitoring.
On November 1, 2004, after the defendant committed the crime of driving under the influence, the
following special conditions were added via Waiver and Order:
10. You shall reside and participate in a community corrections center for 120 days, unless
discharged earlier by the probation officer. You shall contribute to the cost of the program.
11. You are prohibited from consuming alcohol.
On December 14, 2007, after the defendant submitted two positive drug tests, failed to complete a
substance abuse intake assessment, and admitted having contact with a convicted felon without
obtaining the probation officer’s approval, the following special condition was added via Waiver and
_ _ Order: ‘ ( 1
12. You shall participate in a Home Confinement Program with electronicnmonitoring under the
sanction of detention for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
Justin Abbate was convicted of Distribution of a Controlled Substance, in violation of 21 USC § 841 (a)(1)
and (b)(1)(A)(v), a class A felony.
_RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS: r ‘
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.
1. The defendant failed to report to the Probation Office as directed on November 8, 2007.
B. 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.
1. The defendant used methamphetamine on or about December 1, 2006, September 19, 2007,
and October 31, 2007, as evidenced by positive urinalysis tests provided on said dates as
well as signed admissions of drug use dated January 19, and September 20, 2007. Grade
C violation.
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U.S.A. v. Justin Abbate • 0
Docket No. 04CR50167-001-SRB-PHX "
January 22, 2008
C. Violation of Standard Condition No. 11: You shatl not associate with any persons engaged in
criminal activity, and shall not associate with any person convicted of a felony unless granted
permission to do so by the probation officer.
1. The defendant associated with Amy Mayfield, a convicted felon, without the prior approval of
the probation officer. Grade C violation.
D. Violation of Special Condition No. 3: The defendant shall participate in and successfully
complete a substance abuse treatment program, which will include drug testing, outpatient
counseling, or residential placement, as approved and directed by the probation officer.
1. The defendant failed to submit to drug testing on August 13, and December 24, 2007.
Further, the defendant failed to follow the directions of staff during drug testing on October
23, and October 31, 2007, as evidenced by incident reports received from TASC. Grade C
violation.
2. The defendant failed to report for a substance abuse intake assessment at TASC on
December 4 and 11, 2007, as evidenced by a Monthly Treatment Report received from
TASC. Grade C violation.
E. Violation of Special Condition No. 12: You shall participate in a Home Confinement Program
with electronic monitoring under the sanction of detention for a period of 180 days. You shall
contribute to the cost of electronic monitoring in an amount to be determined by the probation
officer.
1. The defendant violated his electronic monitoring schedule on January 5, 2008, by arriving
home one hour and 29 minutes late without obtaining prior approval from the probation
officer. Grade C violation. r
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, U.S.A. v. Justin Abbate _
Docket No. 04CR50167-001-SRB-PHX `
, January 22, 2008
, AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS BE
I 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.
, — . 1 `. A
. ’ 1:11:08
Kathy irtz Date
U.S. Probation Officer ·
R
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Fred Chilese Date
Supervisory U.S. Probation Officer
Reviewed by
&` / Qréfégg
%·»Darcy A. Ce Da e
»* Assistant U. . 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 ` . The Court orders the issuance of a summons.
Considered and ordered this [2,% day of , 20 0% and ordered filed and
made a part ofthe records inthe above case. I
The H orable Susan R. Bolt n
U.S. District Judge
Defense Counsel:
AFPD `
850 West Adams Street
Swte 20* _ nn =z Hd 62 wrr rant
Phoenix, Arizona 85007 JAN 2 9 2008 W _, _ _ v__J wm
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U. S. PROBATION OFFICE CIEr“+.l3Cés‘o
PHOENIX. ARIZONA I
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