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

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United States v. ERNEST FIDEL-FLORES Docket No. 03CR50127—PHX-ROS
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Rod McKone presenting an official report on ERNEST
FIDEL-FLORES who was committed to the Bureau of Prisons on June 28, 2004, by the Honorable
Roslyn O. Silver presiding in the District Court of Arizona. A twenty-six (26) month period of supervised
release was imposed, and supervision commenced upon the offender's discharge from imprisonment
on January 10, 2006. ln 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 to search of person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of, the probation officer.
3. You are prohibited from owning, maintaining or using a firearm.
4. Report all vehicles owned or operated, or in which you have an interest, to the Probation Officer.
5. You shall not enter the Republic of Mexico without permission of the Probation Officer.
6. You shalt not associate with undocumented aliens or alien smugglers.
7. You shall resolve all outstanding warrants within 90 days.
On November 30, 2005, the Court modified the conditions of supervised release to include the following:
8. You shall reside and participate in a community corrections center for 180 days, unless
discharged earlier by the probation officer. While at the community corrections center, you shall
follow all program rules and staff directives._
ERNEST FIDEL-FLORES was convicted of 8 USC §1324 (a)(2)(B)(iii), and 18 USC §2, Bringing In
Illegal Aliens and Aiding and Abetting.
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u.s.A. v. ERNEST FIDEDFLMS ‘~··*'
- Docket No. 03CR50127-Pl-IX-ROS
July 24, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition Number7: You shall notify the probation officer at least ten
days prior to any change of residence or employment.
Fidel-Flores has failed to advise the probation officer of a change in residence. His whereabouts
is unknown. Grade C violation, §7B1.1(a)(3)(B).
B. Violation of Standard Condition Number 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 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.
Fidel-Flores used methamphetamine on or about June 25, 2005. Grade C violation,
§7B‘1.1(a)(3)(B).
C. Violation of Special Condition Number 8: You shall reside and participate in a community
corrections center for up to 180 days, unless discharged earlier by the probation officer.
While at the community corrections center, you shall follow all program rules and staff
directives.
Fidel-Flores absconded from Behavioral Systems Southwest in Florence on July 8, 2006.
Grade C violation, §7B1.1(a)(3)(B). -
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U.S.A. v. ERNEST FIDEL-HES V
· Docket No. 03CR50'l27-PHX-ROS
July 24, 2006
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.
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Rod R. McKone, Date
Supervisory U.S. Probation Officer
Reviewed by
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On re J. Williams — 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 undq penalty of perury. The Court orders the issuance of a warrant.
Considered and ordered this g V day of ${-9 · , 20 Q6 and ordered filed and
,-mangpart of the records in the above case.
e Ho orabl Roslyn . Silver,
U.S. District Judge _
Defense Counsel:
Jon Nl. Sands
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