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

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United States v. Nestor Jose Romero Docket No. CR-04-00239-003-PHX-FJM
i3i5iRiCT UF ARIZONA
Petition to Revoke Probation /F
COMES NOW PROBATION OFFICER Frank H. Guzman presenting an official report on Nestor
Jose Romero who was placed on probation on May 2, 2005 by the Honorable Frederick J. Martone
presiding in the District Court of Arizona. A 60 month 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 participate in a Home Confinement Program with electronic monitoring under the
sanction of detention for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined bythe probation officer.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
7. The defendant shall enroll in a General Education Development (GED) Program to obtain a high
school equivalency diploma.
Nestor Jose Romero was convicted of False Statements in Acquisition of Firearm, Aid & Abet, a Class
`D Felony offense, Counts one and two.
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` ‘U.S.A. v. Nestor Jose Romero 0 O
Docket No. CR—04—00239—003-PHX-FJM
July 24, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. 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.
On July 11, 2006, Romero failed to report for substance abuse treatment at tasc. Grade C violation,
§7B1 .1 (a)(3)(B).
B. 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.
Romero failed to submit urine samples on the following dates: February 21, 2006; March 7, 22, 29; April
14, 24; May 30; June 7 and 19 2006. Grade C violation, §7B1.1(a)(3)(B).
C. 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 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.
On or about May 24 and June 14, 2006, Romero used marijuana as evidenced by lab tests conducted
by Kroll Laboratories. Grade C violation, §7B1 .1(a)(3)(B). -
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` ‘U.S.'A. v. Nestor Jose Romero O •
Docket No. CR-04-00239-003-PHX-FJM
July 24, 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.
gg glgyli i :Z{c;>.g{O és
Frank H. Guzman, Date
U.S. Probation Ofhcer
Reviewed by
MMM! M ggggpa
h David B. Colleran Da e
Supervisory U.S. Probation Officer
Reviewed by
Michael A. Lee 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 enalty of pe 'ury. The Court orders the issuance of a warrant.
Considered and ordered this 2—{ Eday of , 206;; and ordered filed and
made a part of the records in the above case.
The Honorable Frederick J. Martone,
U.S. District Judge
Defense Counsel:
Antonio R. Zuniga n
45 West Jefferson Suite 2
Phoenix, Arizona 85003 _
602-252-2165
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