` __ FILED ____ LODGED
UNITED STATES DISTRICT COU ‘ EEEEIVEE 4-COPY
for MAY 0 7 ZOB?
DISTRICT OF ARIZONA
c1.el=iI< L3 s DISTRICT count
DISTRICT or ARIZONA
. BY . .- • P TY
United States v. James R. BAILEY Docket No. 04 · =·=····=·--=·=--··—-·-·· •.··
Dclcéfloq ~PI·/it —/Udu).
Petition to Revoke Probation _r_
COMES NOW PROBATION OFFICER Mike Acosta presenting an official report on James R.
BAILEY who was placed on probation on September 19, 2005 by the Honorable Neil V. Wake presiding
in the District Court of Arizona. A three-year period of probation was imposed. In addition to the general
terms and conditions adopted by the court, 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 provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval ofthe probation officer.
5. 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.
6. You shall complete 100 hours of community service as approved and directed by the probation
officer.
7. You shall maintain full-time employment and/or schooling as directed by the probation officer.
8. You shall cooperate in the collection of DNA as directed by the probation officer.
Added via waiver and order on May 2, 2006:
9. You shall reside and participate in Recovery Homes treatment center for 180 days, unless
discharged earlier by the probation officer.
James R. BAILEY was convicted of Possession of Stolen Mail, in violation of 18 USC § 1708, a Class
D felony.
Case 2:04-cr—00909—NVW Document 44 Filed 05/07/2007 Page 1 of 3
Page 2 I
.U.S‘.A`. v. James R. BAILEY O
Docket No. 04CR00909—001-PHX—NVW
April 9, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 9: 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 USC § 801) or any paraphernalia related to such substance, without a
prescription by a licensed medical practitioner. Possession of controlled substance will result in
mandatory revocation of your term of supervision.
Bailey used both cocaine and heroin as evidenced by a positive drug tested submitted l\/Iarch 22, 2006,
and a written admission by Bailey. Bailey also used both cocaine and methamphetamine as evidenced
by both a positive urine specimen submitted March 29, 2007, and a written admission signed by Bailey.
Grade C violation. §7B1.1(a)(3).\
B. Violation of Standard Condition 19: You shall pay any monetary penalties as ordered by the
Court. You will notify the probation officer of any material change in your economic circumstances
that might affect your ability to pay restitution, fines or special assessments.
Bailey was ordered to pay a $100 Special Assessment Fee and a $1,000 fine at the rate of $75.00 per
month. Bailey failed to submit a payment for the months of September; October; November; and
December 2006. He also failed to submit payment for the months of January; February; and March
2007. Grade C violation. §7B1.1(a)(3).
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.
Bailey was enrolled in TASC's random drug testing program October 5, 2005. Bailey failed to report for
drug testing November 23, 2005; December 13, 2005; and December 19, 2005. Grade C violation.
§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
offen violated conditions of supervision, I am petitioning the Court to issue a warrant.
X M éffga 7-
Mike Acosta, Date
U.S. Probation Officer
Reviewed by le
5 Lt, `lli/ii?
Neil Grab Date
Supervisory U.S. Probation Officer
Case 2:04-cr—00909—NVW Document 44 Filed 05/07/2007 Page 2 of 3
Page 3
.u.s·.A. v. James R. BAILEY • •
Docket N0. 04CR00909—001—PHX-NVW
April 9, 2007
Rev' wed by _
. / pf ,ZJ£& Z
P ul V. od Da
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 undgi/Jgggalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this y of , 20 Qfz and ordered filed and
made a part of the records in the above case.
44 ,,,4 MM
The Honorable Neil . Wake,
U.S. District Judge
Defense Counsel:
Jose S. Padilla
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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