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

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DEPUTY
United States v. Mario Alberto Amador Docket No. CR 04-0404-001—PHX—JAT
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Teri A. Torres presenting an official report on Mario
Alberto Amador Jr. who was committed to the Bureau of Prisons on March 7, 2005, by the Honorable
James A. Teilborg presiding in the District Court of Arizona. Afive year period of supervised release was
imposed, and supervision commenced upon the offender’s discharge from imprisonment on June 13,
2007. 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 provide the probation officer access to any requested financial information.
3. The defendant shall maintain full-time employment and/or schooling as directed by the probation
officer.
4. Yotjjshall abstain from all use of alcohol or alcoholic beverages.
5. You shall cooperate in the collection of DNA as directed by the probation officer.
l\/lario Alberto Amador Jr. was convicted of Conspiracy to Possess With Intent to Distribute Marijuana,
in violation of 21 USC 846 and 841(a)(1) and (b)(1)(B)(vii).
On July 29, 2007, the following special condition was added by Your Honor via Waiver and Order:
6. 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.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No 1: "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."
1. Amadorfailed to report to the probation officer on the following dates: June 14, 28, July 12,
23, 30, and August 6, and 7, 2007. A Grade C violation. §7B1.4(a).
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U.·S.A. vi Mario Alberto Amadohr. V
Docket No. CR 04-0404-001-PHX-JAT
August 13, 2007
2. Amador failed to submit a truthful and written report form due within the first five days of
July and August 2007. A Grade C violation. §7B1.4(a).
B. Violation of Standard Condition No. 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 U.S.C. § 801) or any paraphernalia related to such substances, without a
prescription by a licensed medical practitioner. Possession of controlled substances will result
in mandatory revocation of your term of supervision."
1. Amador used a controlled substance, cocaine, on or about June 19, 2007, as evidenced
by a positive drug test taken on June 19, 2007. Amador admitted he "snorted a dime bag"
of cocaine on June 17, 2007. A Grade C violation. §7B1.4(a).
2. Amador used the controlled substances, methamphetamine and cocaine, on or about July
20, 2007, as evidenced by a positive drug test taken on July 20, 2007. Amador admitted
he used cocaine. A Grade C violation. §7B1.4(a).
C. Violation of Standard Condition No. 18: "lf supervision follows a term of imprisonment, you shall
report in person to the Probation Office in the district to which you are released within seventy-two
(72) hours of release."
1. Amadorfailed to report to the probation office within 72 hours following release from BOP
custody. A Grade C violation. §7B1.4(a).
D. Violation of Special Condition No. 1: "You shall participate as instructed bythe 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."
1. Amadorfailed to contact TASC on July 23, 2007, to set up a substance abuse assessment
as directed on July 20, 2007. A Grade C violation. §7B1.4(a).
2. Amador failed to drug test at TASC on August 2, 2007. A Grade C violation. §7B1.4(a).
E. Violation of Special Condition No. 3: "The defendant shall maintain full-time employment and/or
schooling as directed by the probation officer."
1. Amador failed to obtain and maintain full—time employment and/or schooling as directed
by this officer on July 20, 2007. A Grade C violation. §7B‘l .4(a).
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U.S.A. v7 l\/Iario Alberto Amadom. ¤•"
Docket N0. CR 04-0404-001-PHX—JAT
August 13, 2007
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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Teri A. Torres Date
U.S. Probation Officer
Rev ed {
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Fre J. I Date
Supervisory U.S. Prob n Officer
Re wed by
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G nn Mc ormick Date
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 ungler penalty of p rjury. The Court orders the issuance of a warrant.
Considered and ordered this day of & ( , 20 0 and ordered filed and
made a part of the records in the above case.
L4 .. C,.
The ra Ie James A. Teil org § E1
U.S. District Judge ' g ?“Z?,;¤
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Defense Counsel: p ;;;;..¤;~1
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Alan Simpson *9 :3%}:
3550 N. Central Ave. in- XE
Suite 1006 '“
Phoenix, Arizona 85012
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