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

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United States v. Deo Tracy Terpening Docket No. 04CR00211—001-Pl-IX-DGC
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Ariel F. Palafox presenting an official report on Deo Tracy
Terpening who was committed to the Bureau of Prisons on l\/larch 7, 2005, by the Honorable David G.
Campbell presiding in the District Court of Arizona. A three—year period of supervised release was
imposed, and supenrision commenced upon the offenders discharge from imprisonment on August 17,
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. i
3. .You shall provide the probation officer access to any requested financial information.
4. 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. ,
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. I
Deo Tracy Terpening was convicted of Count 2, Knowingly Acquiring, Receiving, or Transporting Plants
in Violation of Federal Law, a Class D felony.
Case 2:04-cr-00211-DGC Document 33 Filed O4/25/2008 Page 1 of 3

Page 2.
U.S.A. v. Deo Tracy Terpening. ·
Docket N0. 04CR00211—001-PHX-DGC
April 16, 2008
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
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 complete written report within the first
five days of each month.
Terpening submitted a monthly supervision which was not truthful. The monthly supervision
report for February 2008 noted he did not use an illicit substance in spite of an admission to
snorting a quantity of heroin February 12, 2008. Grade C violation §7B1.1(a)(3).
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 ofthe Controlled
Substances Act (21 USC § 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. ,
Terpening used heroin. Terpening signed an admission on February 13, 2008, noting he snorted
a quantity of heroin on February 12, 2008. l-le further admitted inhaling heroin three weeks prior
to the admission. Grade C violation §7B1.1(a)(3).
C. Violation of Standard Condition No. 19: You shall pay any monetary penalties as ordered by the
Court. You will notify the probation officer ofany material change in your economic circumstances
that might affect you ability to pay restitution, fines, or special assessments.
Terpening failed to make monthly payments towards restitution. He was directed to make
minimum payments of$140 per month. Terpening made one payment of$150 October 16, 2007,
and has not made a payment since this date. Grade C violation §7B1.1(a)(3).
D. 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.
Terpening failed to submit to substance abuse testing August 13, 2007, September 21, 2007,
October 12, 2007, December 12, 2007, January 17, 2008, January 30, 2008, and lVlarch 10, 2008.
Grade C violation §7B1.1(a)(3).
Case 2:04-cr-00211-DGC Document 33 Filed O4/25/2008 Page 2 of 3

P.age,3_ V
U.S.A. v. Deo Tracy Terpeninga ·
Docket No. 04CR00211-001-PHX-DGC
April 16, 2008
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.
04/16/2008
Ariel F. Palafox Date
U.S. Probation Officer
Office: (602) 682-4342 Cellular: (602) 725-3573
Reviewe (
04/16/2008 `
David B. Colleran Date
Supervisory U.S. Probation Officer
Office: (602) 682-4370 Cellular: (602) 725-3623
Re iewed by
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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 ZZ- day of @2 5 ’ 20 02 and ordered filed and
made a part of the records inthe above case.
The Honorable David G. Campbell
U.S. District Judge
Defense Counsel:
Robert lVlcWhirter (AFPD)
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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