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

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United States v. Fidel Mendez Docket No. 04CR00239—0O2—PHX—FJM
Petition to Revoke Supervised Release
‘ COMES NOW PROBATION OFFICER Susan D. Nork presenting an official report on Fidel
Mendez who was committed to the Bureau of Prisons on October 3, 2005, by the Honorable Frederick
J. Martone presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offender’s discharge from imprisonment on August 15,
2006. 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 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.
2. You shall provide the probation officer access to any requested financial information.
3. You are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
4. You shall cooperate in the collection of DNA as directed by the probation officer.
5. You shall participate in a mental health or anger management program or both as selected and
directed by the probation officer.
Special condition added via waiver and order August 30, 2006:
6. 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.
Fidel Mendez was convicted of false statement in acquisition of a firearm.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS: _
A. Violation of Standard Condition No. 1 : "You shall not commit another federal, state, or local
crime during the term of supervision." ,
On November 12, 2006, Mendez committed the offense of driving on a suspended license, in
violation of ARS 28-3473C, as evidenced by his arrest by Phoenix Police Department. Mendez
is pending sentencing in this matter in Phoenix Municipal Court October 4, 2007, under case
number M—0741-3557294. A Grade C Violation. §7B1.1(a)(3).
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Page 2 A
U.S.A. v. Fidel Mendez
Docket No. 04CFl00239-002-PHX-FJM
September 24, 2007
B. Violation of Standard Condition N0.1: "You shall not commit another federal, state, or local
crime during the term of supervision."
On June 16, 2007, Mendez committed the offense of driving on a suspended license, in violation
of ARS 28-3473C, as evidenced by his arrest by Scottsdale Police Department. This case is
currently pending in Scottsdale Municipal Court under case number M—O751-TFl—2007022547.
A Grade C Violation. §7B1.1(a)(3).
C. Violation of Standard Condition No. 6: "You shall work regularly at a lawful occupation
unless excused by the probation officer for schooling, training, or other acceptable
reasons."
Mendez failed to obtain or maintain stable employment and has been employed approximately
three months of the 13 months he has been on supervised release. He is currently unemployed.
A Grade C Violation. §7B1.1(a)(3).
D. Violation of Standard Condition No. 13: "You shall immediately notify the probation officer
(within forty-eight (48) hours if during a weekend or on a holiday) of being arrested or
questioned by a law enforcement officer."
Mendez failed to notify this officer of his arrest June 16, 2007, by Scottsdale Police Department
for two counts of driving on a suspended license. Mendez was eventually confronted about his
arrest July 1 1, 2007, after being provided ample opportunity to report his police contact. A Grade
C Violation. §7B1.1(a)(3).
E. Violation of Standard Condition No. 13: "You shall immediately notify the probation officer
(within forty-eight (48) hours if during a weekend or on a holiday) of being arrested or
questioned by a law enforcement officer."
Mendez failed to notify this officer of his police contact July 6, 2007, with Phoenix Police
Department at which time he was cited for driving underthe influence of alcohol, driving underthe
influence of alcohol with an alcohol content of .08 or more, extreme driving under the influence,
driving on a suspended license and driving the wrong way on a one way street. Mendez did not l
report the police contact until July 12, 2007, after being confronted about a previous failure to
report police contact. A Grade C Violation. §7B1.1(a)(3).
F. Violation of Special Condition No. 6: "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.”
Mendez failed to participate in substance abuse treatment at Chicano’s Por La Casa. Mendez
was to complete a 16 week outpatient substance abuse program; however, he failed to regularly
attend weekly group sessions and only participated in nine group sessions since October 2006.
A Grade C Violation. §7B1 .1(a)(3).
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'U.S.A. v. Fidel Mendez
Docket No. 04CFl00239—002—PHX-FJM
September 24, 2007
G. Violation of Special Condition No. 6: "You shall participate as instructed by the probation
ofticer 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 o11icer."
Mendez failed to submit to random drug testing December 20 and December 26, 2006, April 18
and July 23, 2007. A Grade C Violation. §7B1.1(a)(3).
Case 2:04-cr-00239-FJM Document 103 Filed 10/01/2007 Page 3 of 4

Page 4
U.S.A. v. Fidel Mendez __ECK__ Wg
Docket No. 04CR00239—002-PHX-FJM tf "‘ if F
September 24, 2007 Us
AFFIDAVIT AND PETITION PRAYING 'IQgglmgyIgpq1p4R[:wB.L 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 i_s’true and correct to the best of my knowledge. Based on the information presented that the
offender has vioyondltions of supen/ision, I am petitioning the Court to issue a warrant.
...,,.
v 09/21/2007
Susan D. Nork, Date
U.S. Probation Officer
( Régwed I,
mt . z/J fé,,/U/
QM 9/24/07
Lori A. Wantland Date
Supervisory U.S. Probation Officer
Office Phone: (602) 682-4388
Cell Phone: (602) 725-3645 .
Revi ed by Q
M' hael . 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 penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this [ day of Qgé, , 20 OZ and ordered filed and
(ge a part of the_recor s in the above case. `
The r e F ederick J. Martone, `
U.S. Distri Judge
Defense Counsel:
Tonya McMath (Appointed)
111 West Monroe Street
Suite 1650
Phoenix, Arizona 85003-1736
(602) 254-5544
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