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

O · • me A Emi
· . l Innes ,,,_,_ W ~
UNITED STATES DISTRICT CO RT
for SEP ,__3 2008
DISTRICT OF ARIZONA stem: as s uamicrcotm
_ DBTRICT 0F’ARlZONA
_ BY oer·ury_
United States v. Fausto VALENZUELA-LOPEZ Docket No. 04CR01292-001-PHX-SMM
»»»*""`
Petition to Revoke Supervised Release // _
COMES NOW PROBATION OFFICER ASSISTANT Melissa A. Sullivan presenting an official
report on Fausto Valenzuela-Lopez who was committed to the Bureau of Prisons on April 25, 2005, by
the Honorable Stephen M. McNamee presiding in the District Court of Arizona. A three-year period of
supervised release was imposed, and supervision commenced upon the offenders discharge from
imprisonment on November 25, 2005. In addition to the general terms and conditions adopted by the
Court, the offender was ordered to comply with the following special conditions:
1. lf deported, you shall not re-enter the United States without legal authorization.
2. You are prohibited fromowning, maintaining or using a Hrearm.
3. You shall cooperate in the collection of DNA as directed by the probation officer.
Fausto Valenzuela-Lopez was convicted of Illegal Alien in Possession of a Firearm, 18 U.S.C. §§
922(g)(5)(A) and 924(a)(2), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
1 . On or about August4, 2008, Valenzuela-Lopez committed the offense of aggravated driving under
the influence (DUI), a felony. This is evidenced by Arizona Department of Public Safety report
2008-042347. Grade B Violation, §7B1.1(a)(2).
2. On or about August 4, 2008, Valenzuela-Lopez committed the offense of endangerment of victim
Erica Gaytan, a felony. This is evidenced by Arizona Department of Public Safety report 2008-
042347. Grade B Violation, §7B1.1(a)(2).
3. On or about August 4, 2008, Valenzuela—Lopez committed the offense of endangerment of victim
Melany Adriano, a felony. This is evidenced by Arizona Department of Public Safety report 2008-
042347. Grade B Violation, §7B1.1(a)(2).
Case 2:O4—cr—O1292—SlVIlVI Document 22 Filed O9/O3/2008 Page 1 of 3

Page 2 *’
~U.S.A. v. Fausto Valenzuelajgez 0
Docket No. 04CR01292-001-PHX—SMM
_ August 29, 2008
4. On or about August 4, 2008, Valenzuela-Lopez committed the offense of endangerment of victim
Robert Zeia, a felony. This is evidenced by Arizona Department of Public Safety report 2008-
042347. Grade B Violadon, §7B1.1(a)(2).
5. On or about August 4, 2008, Valenzuela-Lopez committed the new federal offense of re-entry
after deportation. This is evidenced by Arizona Department of Public Safety report 2008-042347.
Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: lf deported, you shall not re-enter the United
States without legal authorization.
On or about August 4, 2008, Valenzuela-Lopez entered the United States without legal authorization.
This is evidenced by his August 4, 2008, arrest by Arizona Department of Public Safety officers. This
arrest was subsequent to his January 4, 2006, deportation. Grade C Violation, §7B1.1(a)(3).
Case 2:O4—cr—O1292—SI\/II\/I Document 22 Filed O9/O3/2008 Page 2 of 3

Page 3 ` / · 0
‘U.S.A: v. Fausto Valenzuelazlgez
Docket No. 04CR01292-001-PHX-SMM
August 29, 2008
AFFIDAVIT AND PETITION PRAYING THAT THEY COURT WILL ORDER A WARRANT BE ISSUED
ln 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.
M ' ‘·°$w°"° Q August gs, gona
Melissa A. Sullivan Date
U.S. Probation Officer Assistant
Office Phone: (602) 322-7422
Cellular Phone: (602) 770-6709
Revie ed b ·
» . ° Au st 29 200 .
for Susan E. Otero Date
Supervisory U.S. Probation Officer
Office Phone: (602) 322-7436
Cellular Phone: (602) 725-3636
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 penu . The Court orders the issuance of a warrant.
Considered and ordered this ,z day of . , 20 6;* and ordered filed and
made a part of the records in the above case.
The Hongrable Stephen M. McNamee
Senior U.S. District Judge
Defense Counsel:
Humberto B. Resales
1001 North Central Avenue ,
Suite 660
Phoenix, Arizona 85004
Case 2:O4—cr—O1292—SI\/II\/I Document 22 Filed O9/O3/2008 Page 3 of 3

Case 2:04-cr-01292-SMM

Document 22

Filed 09/03/2008

Page 1 of 3

Case 2:04-cr-01292-SMM

Document 22

Filed 09/03/2008

Page 2 of 3

Case 2:04-cr-01292-SMM

Document 22

Filed 09/03/2008

Page 3 of 3