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

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UNITED STATES DISTRICT COU T . .
for NOV 2 3 2¤U5
DISTRICT OF ARIZONA ctsiak u s orsfarcf oounr
DISTRICT OF AFri2=¤NA
United States v. Keith Hunking Docket N0. 04CR00994-001-PHX-SMM
. . . •§
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Adelina Bustamante presenting an official report on Keith
Hunking who was committed to the Bureau of Prisons on I\/Iarch 21, 2005, by the I·-Ionorable Stephen lvl.
McNamee presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on March 21,
2005. In 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 submit your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
3. You shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
4. You are prohibited from owning, maintaining or using a firearm.
j 5. You shall abstain from all use of alcohol or alcoholic beverages.
y 6. You shall cooperate in the collection of DNA as directed by the probation officer. `
Keith Hunking was convicted of Escape From Custody, a Class D felony, in violation of 18 USC §751 (a)
i and 4082(a).
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition #7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
On October 27, 2005, this officer attempted a home contact and was informed that I-lunking had moved
out on October 7, 2005. Hunking has not notified the probation officer of a change in address and his
whereabouts are unknown. Grade C violation.
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U.S.A. v. Keith Hunking O O
Docket No. 04CR00994-001-PHX-SMM
November 15, 2005
B. Violation of Standard Condition #7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
On November 3, 2005, Hunking’s employer advised Hunking had quit his job about four weeks prior.
Hunking had advised his employer that he had to leave as a brother in Pennsylvania had been killed.
Hunking has not notified the probation officer to provide a change in employment. Grade C violation.
C. 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."
Hunking has failed to submit to random urine testing on the following dates: September 2, September
8, October 3, and October 13, 2005. Grade C violation.
D. Violation of Special Condition #3: "You shall participate in a mental health program as directed
by the probation officer which may include taking prescribed medication. You shall contribute
to the cost of treatment in an amount to be determined by the probation officer."
Hunking failed to attend mental health counseling on October 13, and October 20, 2005. He was
unsuccessfully terminated from TASC on October 20, 2005. Grade C violation.
E. Violation of Special Condition #5: "You shall abstain from all use of alcohol or alcoholic
beverages."
On June 12, 2005, Hunking submitted to a breathalyzertest and the result was .061. Hunking admitted
he had drank 6 to 8 beers (16 ounces each). On August 9, 2005, Hunking submitted to a breathalyzer
test and the result was .022. Hunking admitted to having drank one beer. Grade C violation.
l
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U.S.A. v. Keith Hunking O 0
Docket N0. 04CR00994-001-PHX-S|\/lI\/I
November 15, 2005
I 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.
X /A/67 xv
elina Bustamante, Date
I enior U.S. Probation Officer
Reviewed by <
~ [I//A/of
H4, Laurie Trigilio Date
Supervisory U.S. Probation Officer
Revi wed by
,·*'
. C éz Q/{2.2-QJ
' Dat
Assistant U.S. 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 per'ury. The Court orders the issuance of a warrant.
Considered and ordered this ZZ day of A)n»•¢••»é4.¢ , 20¢J' and ordered filed and
made a part of the records in the above case.
»·¤<
he H norable Stephen M. McNamee
U.S. District Judge
Defense Counsel:
Alan M. Kyman
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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