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

· P_Prob12.frm FILED LODGED
(Rev. 12/04) 0 O —_ RECEIVED — COPY
UNITED STATES DISTRICT COU T SEP 1 7 2007
for C .
DISTRICT or ARizoNA LFf>'ié`#$i€éf°Z?r?*Z'»$$¢?i°$/{JET
g BY.________________ DEPUTY
United States v. Nestor J. ROMERO Docket No. 04CR00239—003—FJl\/I
Petition to Revoke Supervised Release 75
COMES NOW PROBATION OFFICER Alicia R. Pineda presenting an official report on Nestor J.
ROMERO who was committed to the Bureau of Prisons on September 11, 2006, by the Honorable
Frederick J. Martone presiding in the District Court of Arizona. A six—month period of supervised release
was imposed, and supervision commenced upon the offenders discharge from imprisonment on January
31 , 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 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 are prohibited from owning, maintaining or using a firearm.
4. You shall abstain from all use of alcohol or alcoholic beverages.
5. The defendant shall enroll in a General Education Development (GED) program to obtain a high
school equivalency diploma.
Nestor J. ROMERO was convicted of Counts One and Two: False Statement in Acquisition of Firearm,
Aid and Abet, Class D felonies. On September 11, 2006, Romero’s probation was revoked as he
admitted he failed to participate and complete substance abuse treatment and participate in random
urine surveillance. He was sentenced to six months imprisonment followed by 30 months supervised
release. On January 31, 2007, he was released from federal custody to commence his 30-month
supervised release term.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 3: You shall report to the Probation Office as
directed by the Court or probation officer, and shall submit a truthful and completed written report
within the first five days of each month. ·
1. Romero failed to appear for office appointments scheduled on June 27 and July 19, 2007. Grade
C Violation, §7B1.1(a)(3). ·
2. Romero failed to submit monthly supervision reports forthe following months in 2007: June; July; and
August, G@§G€©LVR|$1B€]3$Q·§jNI1_1(B}Q3l)l_l“Tl9l'lT 97 Filed O9/17/2007 Page 1 of 2

_ Page 2
U.S.A. v. Nestor J. ROMERO • O
Docket No. 04CRO0239-003-FJM
September 10, 2007
Allegation B. Violation of Special Condition No. 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.
Romero failed to submit to substance abuse testing on: April 9, 18, and 27; May 7 and 23; June 1, 7, and
25; July 6 and 19; and August 9 and 27, 2007. 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, l 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.
{ 07/(g!€>7
Alicia R. Pineda, Date
U.S. Probation Officer C:
F; UV
Reviewed by E3 gi;
. I, _ / Gt ]l/ 7- 2
Fred J. Chilese Date ··-’
Supervisory U.S. Probation Officer Q
aiigmw
Revi ed by
2 7 °" St
ic ael A. ee 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 under penalty of per`ury. The Court orders the issuance of a warrant.
Considered and ordered this [Zday of Igé ( K , 20 Q Z and ordered filed and
made a part of the r rd [ in the above case.
The H ie ederick J. Martone I
U.S. Di tric Judge
Defense Counsel:
Antonio R. Zuniga
45 West Jefferson Street, Suite 2
Phoenix, Arizona 85003-2314
Case 2:04-cr-00239-FJl\/I Document 97 Filed O9/17/2007 Page 2 of 2

Case 2:04-cr-00239-FJM

Document 97

Filed 09/17/2007

Page 1 of 2

Case 2:04-cr-00239-FJM

Document 97

Filed 09/17/2007

Page 2 of 2