Free Order/Judgment Revoking Supervised Release - District Court of Arizona - Arizona

1 2 3 4 5 6 7 United States of America, 8 Plaintiff, 9 vs. 10 Joseph Daniel Martinez, 11 Defendant. 12 13 14 Defendant Joseph Daniel Martinez appeared with counsel on ) ) ) ) ) ) ) ) ) ) ) CR 04-36-01-PHX-EHC O R D E R IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

15 November 2, 2005 for disposition. 16 Defendant previously admitted violation of Special Condition 2,

17 as alleged in the Government's Petition for Revocation of Supervised 18 Release. 19 The Court finds the defendant has violated terms and conditions

20 of supervised release. 21 The Court has considered the U.S. Sentencing Commission Chapter

22 Seven policy statements, as well as the original guideline range and 23 the disposition report and attachments. 24 25 26 The Court finds defendant's supervised release should be revoked. IT IS ORDERED revoking defendant's supervised release. IT IS FURTHER ORDERED committing defendant to the custody of

27 the Bureau of Prisons for a term of SIX (6) MONTHS. 28

Case 2:04-cr-00036-EHC

Document 41

Filed 11/02/2005

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Upon release from custody, the defendant is placed on supervised release for a term of THIRTY-SIX (36) MONTHS, less any time served in custody, under the standard conditions of supervision as adopted by the Court in General Order 04-11 and the following additional 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 directed by the Probation Officer. 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. 4. You shall abstain from all use of alcohol or alcoholic beverages. 5. You shall cooperate in the collection of DNA as directed by the probation officer. IT IS FURTHER ORDERED that all remaining allegations are dismissed on motion of the United States. The defendant is advised of his right to appeal the imposed sentence by filing a Notice of Appeal within 10 days from the date of sentencing.

DATED this 2nd day of November 2005.

Case 2:04-cr-00036-EHC

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-2Filed 11/02/2005

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