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

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DISTRICT OF ARIZONA CLERK U S DISTRICT cogiqr
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United States v. Justin Andrew Caplinger Docket No. CR ·@7=-—;===- · ?:....;.. ~ _ _ Ef’UTY
Petition on Supervised Release
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COMES NOW PROBATION OFFICER Kenneth J. Salmon presenting an official report on Justin
Andrew Caplinger who was sentenced on April Q, 2002 to a term of 41 months custody of the Federal
Bureau of Prisons followed by four years of supervised release by the Honorable Gordon J. Quist in the
Western District of Michigan. Supervised release commenced on December 1 , 2003. Jurisdiction in this
case was transferred to the District of Arizona on July 1, 2004. ln addition to the general terms and
conditions adopted by the court in General Order 04-11, 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 provide the probation officer access to any requested financial information.
3. You shall abstain from all use of alcohol or alcoholic beverages.
4. You shall notify the probation officer at least ten days prior to any change in residence.
5. You shall reside and participate in a community corrections center or residential treatment center
such as Recovery Homes, Inc. for 180 days and shall comply with the rules of the facility. (added
via waiver and order on August 16, 2004)
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition #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.
The defendant has failed to provide a urine sample via the color coded telephonic system on the
following dates: August 30, 2005, October 27, 2005, and November 23, 2005. (Grade C violation)
B. Violation of Standard Condition #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. A
The defendant has failed to submit a monthly report for the months of June 2005, July 2005, August
2005, September 2005, October 2005, November 2005, and December 2005.
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l U.S.A. v. CAPLINGER, Justin prwrew
Docket No. CR 04-50114-Pl-iX-NVW
February 1, 2006
C. Violation of Standard Condition #6: You shall work regularly at a lawful occupation unless excused
by the probation officer for schooling, training, or other acceptable reasons.
The defendant has not worked at a verifiable occupation since October 1, 2005. (Grade C violation)
D. Violation of Standard Condition #8: 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 September 9, 2005, Caplinger used marijuana as evidenced by the laboratory results
provided by Ouest Diagnostics. On or about November 9, 2005, Caplinger used marijuana as evidenced
by the laboratory results provided by Kroll Labs. On or about December 15, 2005, Caplinger used
marijuana as evidenced by the laboratory results provided by Sonora Quest Laboratories. On or about
January 30, 2006, Caplinger used marijuana as evidenced bythe admission form signed bythe offender.
(Grade C violation)
E. Violation of Unnumbered Condition: The defendant shall pay the special assessment and fine during
his term of supervised release according to his ability as determined by the Probation Officer.
On December 8, 2003, Caplinger agreed to pay a minimum of $25.00 each month toward his financial
obligations. To date, the Caplinger has paid a total of $175.00 toward his financial obligations and has
a remaining balance of $2,525.00. (Grade C violation)
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, l am petitioning the Court to issue a summons.
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Kenneth J. Salmon Date
U.S. Probation Officer
Reviewed by:
David B. Colleran Date
Supervisory U.S. Probation Officer
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A sistant .S. Attorney Date
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° U.S.A. v. CAPLINGER, Justin Pgtirew wi
Docket No. CR 04-50114-PHX-NVW
February 1, 2006
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given un e}·_Benalty of perjury; The Court orders the issuance of a summons.
Considered and ordered this day of L if-Q. , 200 é and ordered filed and made
a part of the records in the above case.
l/li/Mi
The Honorable Nei V. Wake
U.S. District Judge
Defense Counsel
To be determined.
Defendant
Justin Andrew Caplinger
1965 E. Huntington Drive
Tempe, AZ 85282
(480) 415-2553
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