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

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United States v. Cesar VERDUGO Docket No. 03CR50078—00 — —
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Petition to Revoke Supervised Release ye +. .. t... le it. rr
COMES NOW PROBATION OFFICER Susan D. Nork presenting an official report on Cesar
\/ERDUGO who was committed to the Bureau of Prisons on October 22, 2001, by the Honorable
Napoleon A. Jones, Jr, presiding in the Southern District of California. A five year period of supervised
release was imposed, and supervision commenced upon the offenders discharge from imprisonment
on November 29, 2002. The District of Arizona accepted jurisdiction of the case May 9, 2003. On
August 22, 2005, \/erdugo's supervised release was revoked and he was sentenced to six months
custody, to be followed by 24 months supervised release. The term of supervision commenced upon
his release from imprisonment January 24, 2006. In addition to the general terms and conditions
adopted by the court in General Order 05-36, 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 your person, property(incIuding but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
3. You shall not enter the Republic of Mexico.
4. You shall report all vehicles owned or operated, or in which you have an interest, to the probation
officer.
5. You shall provide the probation officer access to any requested financial information.
6. You shall reside and participate in a community corrections center or Recovery Homes for 180
days, unless discharged earlier by the probation officer.
7. The defendant shall participate in an approved program for domestic violence.
8. You shall abstain from all use of alcohol or alcoholic beverages.
Cesar \/ERDUGO was convicted of importation of cocaine, a Class A felony.
Case 2:03-cr-50078-PGR Document 13 Filed 05/08/2006 Paget of3

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U.S.A. v. Cesar VERDUGO • ` ` 0
Docket No. 03CR50078—001—Pl-IX-PGR
April 27, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation ofStandard Condition No. 1: "You shall not commitanotherfederal, state, or local
crime during the term of supervision."
On April 1,2006, the offender committed the crimes of failure to drive on th right side of the road
(ARS 28—721(A)), reckless driving (ARS 28—693(A)), driving underthe influence of alcohol-slightest
degree (ARS 28-701 (A)(1 )), and driving underthe influence ofalcoholwith a blood alcohol content
above .08 percent (ARS 28-701 (A)(2)) as evidenced by Pinal County Sheriffs Office departmental
report number 060401139. According to the report, Verdugo was observed by a Pinal County
Sheriffs deputy driving northbound in the southbound lanes of median divided highway 347.
When the deputy contacted Verdugo he detected an odor of alcohol and Verdugo was observed
having difficulty with his balance. Verdugo submitted to Breathalyzer testing and was determined
to have a blood alcohol concentration of .10 and .089 percent. During an interview with Verdugo
it was determined he had been driving approximately 7 miles in the wrong direction on the
highway and Verdugo admitted people had been flashing their headlights at him and honking their
car horns. A Grade C Violation. §7B1.1(a)(3).
B. Violation of Standard Condition No. 3: "You shall report to the Probation Office as directed
by the Court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month."
The offender failed to report to the U.S. Probation Office April 3, 2006, as directed.
A Grade C Violation. §7B1 .1(a)(3).
C. Violation of Special Condition No. 6: “You shall reside and participate in a community
corrections center or Recovery Homes for 180 days, unless discharged earlier by the
probation 0fficer."
The offender was unsuccessfully discharged from the Recovery l-lomes program April 2, 2006.
A Grade C Violation. §7B1.1(a)(3).
D. Violation of Special Condition No. 8: "You shall abstain from all use of alcohol or alcoholic
beverages."
The offender consumed alcohol on or about April 1, 2006, as evidenced by Pinal County Sheriffs
Department Report Number 060401139. The report indicates Verdugo had a blood alcohol
content of .10 and .089 percent. A Grade C Violation. §7B1.1(a)(3).
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U.S.A. v. Cesar VERDUGO 0 ` ` O
Docket No. 03CR50078-001-Pl-IX-PGR
April 27, 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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Susan D. Nork, I Date l
U.S. Probation Officer
Reviewed by L_ *
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Rexfiewed by
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D roy A. erow 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 under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this :5 ".L"’ day of [f j gy; , 200ca and ordered filed and
made a rt of the record in the above case.
\___ gcc F Z o...._ ,,}
The Hono ble
Senior U.S. District Judge @®f§ER&i.ST?iAtv¤
Defense Counsel:
It/lilagros A. Cisneros
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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