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


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Date: April 26, 2006
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State: Arizona
Category: District Court of Arizona
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_ RECEIVED ____o¤pv
UNITED STATES DISTRICT COU T`
for APR 2 5 ZUUE
DISTRICT OF ARIZONA CLERK U S DISTRICT COURT
DISTRICT or= AHrzoNA
BY...._________ DEPUTY
United States v. Fermin ORTIZ Docket No. O4CR50151-Pl-·IX-FJ
Petition to Revoke Supervised Release tj gif; *1 "A‘b"°"‘
COMES NOW PROBATION OFFICER Mike Acosta presenting an official report on Fermin
ORTIZ who was committed to the Bureau of Prisons on August 31, 2000 by the Honorable Sam R.
Cummings presiding in the District Court of the Northern District of Texas. A Eve year period of
supervised release was imposed, and supervision commenced upon the offender's discharge from
imprisonment on May 7, 2004. Jurisdiction was transferred to the District ofArizona September 2, 2004.
On July 27, 2005, the Court found the offender in violation of his terms of supervised release and
reinstated Ortiz to five years supervised release. ln addition to the general terms and conditions adopted
by the court in General Order 05-36, the offender was ordered to comply with the following special
conditions: g
1. The defendant shall participate in a program approved bythe U.S. Probation Office for treatment
of narcotic or drug alcohol dependency which will include testing for the detection of substance
use or abuse. The defendant hsll abstain from the use of alcohol and/or all other intoxicants
during and after completion of treatment. It is ordered the defendant contribute to the costs of
services rendered (co-payment) in an amount to be determined by the U.S. Probation Officer,
based on ability to pay or availability of third-party payment.
2. The defendant shall notify the U.S. Probation Officer at least 10 days prior to any change of
residence. Standard Condition No. 6 will apply only to changes in employment.
3. You shall participate in a Home Conhnement Program with electronic monitoring for a period of
6 (Six) months. You shall contribute to the cost of electronic monitoring in an amount to be
determined by the probation officer.
4. You shall participate in an Ethics class as directed by the probation ofllcer.
5. You shall enroll and participate in an English language immersion course as directed by the
probation officer.
Fermin ORTIZ was convicted of possession with intent to distribute 50 grams or more of
methamphetamine and aiding and abetting.
Case 2:O4—cr—50151—NVW Document 11 Filed O4/25/2006 Page 1 of 3

Page 2
r , u.s.A. v. Fermin ormz xt •
Docket No. 04CR501 51-PHX-
April 3, 2006 g
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition Standard Condition 1: You shall not commit another federal,
state, or local crime during the term of supervision.
On or about April 22, 2005, Ortiz committed the crime of possession with intent to distribute
five kilograms or more of cocaine, a violation of 21 USC §§ 841 (a)(1 ), and 841 (b)(1 )(A)(ii). This ‘
is evidenced by a criminal complaint filecl in the United States District Court for the District
ofArizona, Phoenix, under case number 06-601 5Nl, naming Ortiz. GradeAviolation,§7B1.1(a)(3)
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 v'o|ated conditions of supervision, I am petitioning the Court to issue a warrant.
@•» ’—![.3[OQ
Mike Acosta, Date
U.S. Probation Officer
Reviewed by F
E ={ /3 /6 6
Neil Graber Date
Supervisory U.S. Probation Officer
Refiewed by
4 &{ &‘~··f'“ SQ @{,9 Q
Da y A. Cerow Date
Assistant U.S. Attorney
Case 2:O4—cr—50151—NVW Document 11 Filed O4/25/2006 Page 2 of 3 ·

.P‘ag,e 3
" , U. .A. v. Fermin ORTIZ MI 0
Docket No. 04CR50151-PHX-
April 3, 2005
ORDER OF COURT
I Hnd there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of perju . The Court orders the issuance of a warrant.
Considered and ordered this gg day of %;H rf , 20 66 and ordered filed and
made a part of the records 'n the above case.
A,- W 4
The H · 3- . __ J. Martone,
U.S. • . ri J ge
Defense Counsel:
Helen M. Liggett
850 West Adams Street s
Suite 201
Phoenix, Arizona 85007
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