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

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United States v. DAVID HERNANDEZ-SALAS Docket No. 04CR0016‘l-001- -
S Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Pineda presenting an official report
on DAVID HERNANDEZ—SALAS who was committed to the Bureau of Prisons August 9, 2004, by the
Honorable James A. Teilborg presiding in the District Court of Arizona. A 36-month period of supervised
release was imposed, and supervision commenced upon the offender's discharge from imprisonment
October 7, 2005. In addition to the general terms and conditions adopted by the court, the offender was
ordered to comply with the following special conditions:
1. lf deported, you shall not re—enter the United States without legal authorization.
2. You are prohibited from owning, maintaining or using a firearm.
3. You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
DAVID HERNANDEZ—SALAS was convicted of Possession of an Unregistered Sawed-off Shotgun, a
violation of 31 USC §586‘l(d) and 5871, a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
On or about February 26, 2006, Hernandez—SaIas committed the new state crimes of Misconduct
Involving Weapons, a violation of ARS 13-3102, a Class 4 felony. A three-count indictment was filed in
the Maricopa County Superior Court, Phoenix, case no. CR2006-110587-001-DT. Court proceedings
are pending. Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: If deported, you shall not re-enter the United
States with legal authorization.
On or about February 26, 2006, Hernandez-Salas re-entered the United States without legal
authorization. This was evidenced by his arrest February 26, 2006, by the Phoenix Police Department.
This arrest was subsequent to his October 7 2005 deportation. Grade C Violation, §7B1.1(a)(3).
Case 2:04-cr—OO161-JAT Document 26 Filed O4/26/2006 Page 1 of 2

Page'? ' **
U.S.A. v, DAVID I-IERNANDEDALAS Q
Docket No. O4CROO161—O01—PHX-JAT ‘
April 19, 2006
Allegation C. Violation of Special Condition No. 2: You are prohibited from owning, maintaining
or using a firearm.
On or about February 26, 2006, Hernandez-Salas possessed three automatic handguns. This was
evidenced by his February 26, 2006 arrest by the Phoenix Police Department. Grade B Violation,
§'7B1.1, application note 5.
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln 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.
Alicia R. Pineda, Date
U.S. Probation Officer Assistant
R iewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Re wed by
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' ael . Lee Da
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 Z é day of , 20 eg and ordered filed and
made a pan of the records in the above case.
The rabIe Jamés A. §eiIbo@ UZl?:!*;’ .,;*0 .l.3lHi’$lG
U.S. istrict Judge "
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Defense Counsel:
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Rom,-t _j_ Mcwhu-my Slfiltariy it’l-ESENH `STI
850 West Adams Street, Suite 201 OMFHGBB
'°li°€"*><· AFBQQS §@@93r-00161-JAT Document 26 Fried O4/26/2006 Page 2 Or 2

Case 2:04-cr-00161-JAT

Document 26

Filed 04/26/2006

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Case 2:04-cr-00161-JAT

Document 26

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