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

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BY DEPUTY
United States v. Joseph Daniel Martinez Docket No. O4CR00036-001-PHX-EHC
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Petition to Revoke Supervised Release J i"lJA°}Jh]J
COMES NOW PROBATION OFFICER Darin Myler presenting an official report on Joseph Daniel
Martinez who was convicted of felon in possession of a firearm and was committed to the Bureau of
Prisons on July 12, 2004 by the Honorable Earl H. Carroll 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 on July 7, 2005. On November 2, 2005, supervised release was revoked
and a sentence of six months prison followed by a 36 month term of supervised release 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. Upon release from custody, you shall reside at Recovery Homes for 180 days and comply with
the rules of the facility and contribute to the cost of treatment as directecéby the probaticg officer.
2. You are prohibited from owning, maintaining or using a firearm. 5; R
3. You shall not be involved with gang activity, possess any gang paraphTg‘rnaIia··or asgggge with
any person affiliated with a gang. an ,3 gy`.}!
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4. You shall abstain from all use of alcohol or alcoholic beverages. ,7, ·—· Q
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5. You shall cooperate in the collection of DNA as directed by the probatgn offfger. S?.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. 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 March 31, 2006, Martinez used methamphetamine as evidenced by a positive drug
test and his admission. Martinez signed a written admission and stated he used
methamphetamine with his uncle.
On or before May 4, 2006, Martinez used methamphetamine as evidenced by a positive drug test
and his admission. Martinez signed a written admission and stated he used a capsule of
methamphetamine provided by his friend on May 2, 2006. Both Grad C violations.
§7B1.C@e3.'g(g4.cr 00036 EHC D t42 F`l d 05/11/2006
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U.S.A. v. Joseph Daniel Martin! ·
Docket No. O4CROOO36-001-PHX-EHC
May 8, 2006
B. Violation of special condition 1: Upon release from custody, you shall reside at Recovery
Homes for 180 days and comply with the rules fo the facility and contribute to the cost of
treatment as directed by the Probation Officer.
On May 7, 2006, while at Recovery Homes, Martinez tested positive for methamphetamine use
and was terminated from this drug treatment program. Martinez left Recovery Homes property and
did not timely notify his probation officer of this change in residence. A Grade C violation.
§7B1.1(a)(3)(B).
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 petition the Court to issue a warrant.
rp - s gg;
Darin yler Date
U.S. Probation Officer
Reviewed by (—
3 lj it 5 1 ir/e/ere
Neil Graber Date
Supervisory U.S. Probation Officer
Rev' wed by
` érwf O'; 7`gé ¢
Mic ael . Lee Da e
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 gg day of _7•<-_iQ_»·f , 20 ab and ordered filed and
made a part of the records in the above case.
léd-¤/( /A-@¢¢.r.4.4r·¤»¢-.
The Honorable Earl H. Carroll
Senior U.S. District Judge
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U.S.A. v. Joseph Daniel Martin
Docket No. 04CR00036-001-PHX-EHC
May 8, 2006
Defense Counsel:
David Lee Titterington
850 West Adams Street
Suite 201
Phoenix, Arizona 85007 .
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