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

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UNITED STATES DISTRICT COU ’ T
for _ FEB 2 1 2006
EH u s DISTRICT COURT
DISTRICT OF ARIZONA CI- DIQTHICT OF AFMZONA
sv DEPUTY
United States v. Rudy Albert MENDOZA JR. Docket No. 04CR00652-001-PHX-SRB
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Superseding Petition to Revoke Supervised Release I T ®i.I?i..&;i.,-.IJ.§j.ii..§...$
COMES NOW PROBATION OFFICER R. Scott Stipe presenting an official report on Rudy Albert
MENDOZA, JR., who was committed to the Bureau of Prisons for 10 months on December 6, 2004, by
the Honorable Susan R. Bolton presiding in the District Court of Arizona. A 36 month period of
supervised release was imposed, and supervision commenced upon the offenders discharge from
imprisonment on March 25, 2005. ln addition to the general terms and conditions adopted by the court
in General Order O4-11, 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, effice, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner, based on reasonable suspicion of contraband or
evidence of violation of a condition of release. Failure to submit to search may be grounds for
revocation. You shall warn any other residents that the premises may be subject to searches
pursuant to this condition.
3. You shall provide the probation officer access to any requested financial information.
4. The defendant shall maintain full-time employment and/or schooling as directed bythe probation
officer.
5. You shall abstain from all use of alcohol or alcoholic beverages.
Rudy Albert MENDOZA, JR., was convicted of possession of stolen mail, a Class D felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of standard condition 1: "You shall not commit another federal, state, or local crime during
the term of su pervision." g
On September 2, 2005, Mendoza was arrested fortheft of a means of transportation in Glendale,
Arizona. On January 23, 2006, Mendoza entered into a plea agreement wherein he admitted his
guilt to that offense. Sentencing is set for February 27, 2006, in the Maricopa County Superior
Court under CR2005-127838-001-DT. A Grade B violation 7B1.1(a)(2) .
Case 2:04-cr—OO652-SRB Document 20 Filed O2/21/2006 Paget of3

, P.a_g_e‘2` g Y
i` U.S.A. v. Rudy Albert MENDOBAJR.
Docket No. 04CR00652-001-Pl—lX-SRB
February 13, 2006
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."
Mendoza did not submit a written monthly report during the first week of June 2005. A Grade C
violation. 7B1.1(a)(3)(B).
C. Violation of standard condition 7: "You shall notify the probation officer at least ten days prior to any
change of residence or employment."
Mendoza was terminated from his employment at Ameripride Services lnc. on May 19, 2005, for
undisclosed reasons. I-le failed to notify the probation officer of this change. A Grade C violation.
TB1 .1 (a)(3)(B).
D. Violation of standard condition 7: "You shall notify the probation officer at least ten days prior to any
change of residence or employment."
The defendant moved out of his home of record on May 19, 2005, and has since made no effort
to contact the probation officer with his updated address. His current whereabouts is unknown.
A Grade C violation. TB1 .1(a)(3)(B).
E. Violation of standard condition 16: "lf you have ever been convicted of a felony, you shall refrain from
possessing a firearm, ammunition, destructive device, or other dangerous weapon. lfyou have ever been
convicted ofa misdemeanorinvolving domestic violence, you shall refrain from possession ofany firearm
or ammunition. Possession of a firearm will result in mandatory revocation of your term of supervision.
This prohibition does not apply to misdemeanor cases that did not entail domestic violence, unless a
special condition is imposed by the Court."
The defendant possessed Ia loaded Ruger, 9mm, semi-automatic, handgun, serial # 315-55793
on September 2, 2005, per Glendale P.D. DR# 05-094687. A Grade B violation. 7B1 .1(a)(2).
Case 2:04-cr—OO652-SRB Document 20 Filed O2/21/2006 Page 2 of 3

, P,a_ge*3` _
*` U.S`.A. v. Rudy Albert Ii/IEl\lDOE»v‘JR. ‘—~J
Docket No. 04CR00652-001-Pl-IX-SRB
February 10, 2006 ,
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.
- /
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R. Scott Stipe -/ Date
U.S. Probation Officer
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Neil Graber Date
Supervisory U.S. Probation Officer
Revipwed by
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~ o ard . Sukenic 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 perjury. The Court orders the issuance of a warrant.
Considered and ordered this [Q, day of § g § , 20QQg and ordered filed and
made a part ofthe records in the above case.
The Honorable Susan R. Boltin,
U.S. District Judge Q *6
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Defense Counsel: :5* Z §
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Phoenix, Arizona 85007 $,7 . ;» _ .` —·p l` .¤L
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