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

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United Stétes-ILIII. ItIIJ|ieIrtl’Vfa”Lhes Docket N0. CR 04—50134—01—PHX-l\l\/W
F " 0* ARIZONA
mum { M Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Kathy Wirtz presenting an official report on Julian Valles
who was committed to the Bureau of Prisons on February 4, 2004, by the Honorable Dale A. Kimball
presiding in the District Court of Utah. A 36-month period of supervised release was imposed, and
supervision commenced upon the offenders discharge from imprisonment on July 23, 2004. Jurisdiction
was transferred to the District of Arizona August 6, 2004. On January 10, 2005, supervised release was
reinstated with the conditions of supervision previously ordered. In addition to the general terms and
conditions adopted bythe 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 reside and participate in a community corrections center for 120 days, unless
discharged earlier by the probation officer.
3. The defendant shall participate in an approved program for domestic violence.
4. You shall abstain from all use of alcohol or alcoholic beverages.
Julian Valles was convicted of Conspiracy to Transport and Harbor Illegal Aliens in violation of 8 USC
§ 1324lel(1 llA)(vl(l)-
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Violation of Standard Condition N0. 1: You shall not commit another federal, state, or local crime
during the term of supervision.
On Il/lay 20, 2006, Valles committed the crime of driving under the influence as well as several traffic
violations. According to Phoenix Police Citation Number 13384917, Valles was stopped for failure to
drive within one lane/unsafe lane change. Officers observed three open beer bottles in the vehicle
(Valles was driving and there were two passengers in the vehicle). The defendant submitted to
breathalyzer testing with results of.194, .173, and .159. He admitted drinking three pitchers of beer prior
to driving. This case has been filed in Phoenix Municipal Court under case number 3475960. A Grade
C violation. § 7B1 .1(a)(3).
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“ UT`S.A. v. Julian Valles O 0
Docket No. CR 04-50134-01-PHX-NVW
June 6, 2006
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 officer.
Valles failed to notify the probation officer of his May 20, 2006, contact with law enforcement. l-le was
confronted about the incident May 25, 2006, at which time he admitted he was cited for driving under the
influence. A Grade C violation. § 7B1.1(a)(3).
Violation of Special Condition No. 4: You shall abstain from all use of alcohol or alcoholic beverages.
Valles consumed alcohol May 20, 2006, as evidenced by Phoenix Police Citation Number 13384917 and
a signed admission dated May 30, 2006. A Grade C violation. § 7B1.1(a)(3).
l
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` UYS.A. v. Julian Valles O D
Docket No. CR 04-50134—01—Pl—lX—N\/W
June 6, 2006
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.
I .c» Q. » r ah /24we
Kathy 'rtz, , Date
U.S. Probation O cer
Reviewed by
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Fred Chilese Date
Supervisory U.S. Probation Officer
Reviewed by
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Dar y A. Cerow Date
Assistant U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supenrision, supported
by the above affirmation given undeLpena|ty orhoerjury. The Court orders the issuance of a warrant.
Considered and ordered this lj-! day of V1/g , 20 oe and ordered filed and
made a part of the records in the above case.
The Honorable Neil {Wake,
U.S. District Judge
Defense Counsel:
Donna L. Elm
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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