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

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BY_____________ DEPUTY
United States v. HERNANDEZ-VASQUEZ, Benigno Docket No. 04CR00856M—0O1-PHX-VAM
Petition to Revoke Probation T ""
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Pineda presenting an official report U
on Benigno l—lERNANDEZ—VASQUEZ who was placed on unsupervised probation August 25, 2004, by
the Honorable Virginia A. Mathis presiding in the District Court of Arizona. A 36—month period of
unsupervised probation was imposed. The offender was ordered to comply with the following special
condition:
1. The defendant shall not enter the United States illegally.
Benigno I-lernandez—\/asquez was convicted of illegal Entry, a violation of 8 USC §‘l 325, a Class B
misdemeanor.
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.
On or about March 3, 2006, Hernandez-Vasquez committed the new federal offenses of Count one: Re-
entry After Deportation, a violation of 8 USC §1326, a felony, and Count two: Illegal Entry, a violation of
6 USC §1325, a Class B misdemeanor. The two-count complaint was filed March 6, 2006, in U.S.
Magistrate Court, Yuma, case no. 06-01474—001M—P, and he pled guilty that same day. He was
sentenced to 75 days prison.
Allegation B. Violation of Special Condition No. 1: The defendantshall not enterthe United States
illegally.
On or about March 3, 2006, Hernandez—Vasquez entered the United States illegally. This was evidenced
by his March 3, 2006 arrest by Border Patrol at or near Wellton, Arizona. This arrest was subsequent
to his October 25, 2004 deportation.
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U.S.A. v. HERNANDEZ-VASCL·Z, Benigno D
Docket No. 04CR00856-001-PHX—VAl\A
May 31, 2005
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 issue a warrant.
J" 4 .
Alicia R. Pineda, Date
U.S. Probation Officer Assistant
Re wed by -
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Reviewed by
CL 00... (a Z
Ga estaino Da e
Assistant U.S. Attorney
ORDER OF COURT
l find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this QAJL day of Ton L , 20 9(¤ and ordered filed and
made a part of the records in the above case.
The Eonorable Virginia A. Mathis,
U.S. Magistrate Judge
Defense Counsel:
Baltazar lniguez
3106 North 16"‘ Street
Phoenix, Arizona 85016-7610
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Case 2:04-cr-00856-SRB

Document 24

Filed 06/02/2006

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Case 2:04-cr-00856-SRB

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