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

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United States v. Lester It/lulet-Hernandez · Docket No.
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Frank l—l. Guzman presenting an official report on Lester
Evlulet-Hernandez who was committed to the Bureau of Prisons on August 28, 2001 by the Honorable
Richard G Kopf presiding in the District Court of Nebraska. A 36 month period ofsupervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on June 14,
2002. In addition to the general terms and conditions adopted by the court, the offender was ordered to
comply with the following special conditions:
1. The defendant shall be Subject to the Search of the defendants premises, vehicle or person, day or
night, with or without a warrant, at the request of the United States Probation Officer to determine the
presence of controlled substances, firearms or any other contraband. Any such items found may be
seized by the United States Probation Officer. This condition may be invoked with or without the
cooperation of law enforcement officers.
2. The defendant shall comply with all rules and regulations of the Immigration and Naturalization
Service and, if deported, shall not reenter the United States or reside therein without the express, written
permission ofthe Attorney General ofthe United States or such attorney's designee.
3. The defendant shall provide the United States Probation officer with access to any requested financial
information.
4. The defendant shall report to the Supervision Unit of the United States Probation Office for the
District of Nebraska between the hours of 8:00 am and 4:30 pm within 72 hours of release from
confinement.
On June 30, 2003, transfer ofjurisdiction from the District of Nebraska to the District of Arizona was
completed.
On January 20, 2004, the following modification of supervised release condition was ordered:
5. You shali participate as instructed bythe 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. ·
Case 2:O3—cr-50106-FJl\/I Document 18 Filed 03/17/2006 Page 1 of 3

..Pa¤e·2 . r
U.S.A. v. Lester lt/Iulet—Hernand%¤f uf
Docket No. C£’50{0@-(pl-PHX-F_fin
l\/larch 14, 2006
On September 7, 2004, the Court revoked the defendant's terms of supervision and sentenced him
to 11 months imprisonment followed by 25 months supervised release. The previously terms of
supervision were reimposed with the following additional 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. If deported, you shall not re-enterthe United States without legal authorization.
Lester I\/iulet-Hernandez was convicted of Transporting lliegal Aliens for Private Financial Gain.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR
CAUSE AS FOLLOWS:
A. Violation of Standard Condition No. 3: The defendant shall report to the probation officer as
directed bythe court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month.
The defendant failed to report to the probation office February 27, 2006 as directed and has failed to
submit monthly supervision reports for January and February 2006. Grade C violation, 7B1.1(a)(3).
B. Violation of Standard Condition No. 8: 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.
As evidenced by the lab results from Kroll Labortories, l\/lulet—Hernandez tested positive on February
21, 2006 for the use of Tl-IC. Grade C violation, 7B1 .1(a)(3).
C. Violation of Special Condition No. 5: 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 oftreatment in an amount to be determined by the
- probation officer.
G As evidenced by the TASC Federal Probation Client Failed to Appear Report, the defendant failed to
submit to random urinalysis on December 7, 2005; January 19, 24; February 17, 27, 2006. Grade C
violation, 7B1.1(a)(3).
Case 2:03-cr-50106-FJl\/I Document 18 Filed O3/17/2006 Page 2 of 3

Page s , A
U.S.A. v. Lester ir/Iuiet—l—lernandérr" wi
Docket N0. O5CK5OID(p‘(IDi*f1'·Iz(··£>Jy,L
_|\/larch 14, 2006 .
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC. § 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, l am petitionirrg the Court to issue a warrant.
nk H. Guzman, Date
U.S. Probation Officer
Review y
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David B. Colleran Date
Supervisory U.S. Probation Officer
Revie ed by
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Date
Assistant U.S. Attorney
ORDER OF COURT
l 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 g Z day of éf .;,4.%*. , 20_Q__§_>__ and ordered
figqand made a part o t records in the above case.
The H able ederick J. Nlartone,
U.S. D trictJudge `
Defense Counsel:
Douglas A. Passon
850 West Adams Street
_. Suite 201 ,
Phoenix, Arizona 85007
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