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

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UNITED STATES DISTRICT CO RI' ,
for NOV .5 0 2005
DISTRICT OF ARIZONA CLERK u s orsrerct couar
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United States v. Benjamin Placencio LEDESMA Docket No. 03CR50069-PHX—ROS
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Petition to Revoke Supervised Release D
COMES NOW PROBATION OFFICER Michael A. Watts presenting an official report on Benjamin
Placencio LEDESMA who was committed to the Bureau of Prisons on November 6, 2001, by the
Honorable Martha Vazquez presiding in the District Court of New Mexico. A three year period of
supervised release was imposed, and supervision commenced upon the offender's discharge from
imprisonment on November 4, 2002. On May 7, 2003, jurisdiction was transferred to the District of
Arizona. On June 7, 2004, the offender's first grant of supervised release was revoked and LEDESMA
was committed to the Bureau of Prisons for 9 months by the Honorable Roslyn O. Silver in the District
Court of Arizona. A 27 month period of supervised release was imposed, and supervision commenced
upon the offenders discharge from imprisonment on January 26, 2005. In addition to the general terms
and conditions adopted by the court in General Order 04-11, 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. You shall join a 12-step
program and obtain a sponsor.
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 shall reside and participate in a community corrections center for up to 180 days and shall
comply with the rules of the facility.
4. You shall abstain from all use of alcohol or alcoholic beverages.
5. You shall submit a monthly report to the Court, through your probation officer, which sets out your
progress on release and with your drug treatment program(s).
Benjamin Placencio LEDESMA was convicted of possession with intent to distribute more than 50
kilograms of marijuana.
i
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U.S.A. v. Benjamin Placencio•DESMA •
Docket No. 03CR50069-PHX-ROS
November 21, 2005
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.
1. On or about September 30, 2005, the offender used cocaine as evidenced by results of a Rapid Drug Screen
and a written admission signed by the offender.
2. On or about October 13, 2005, the offender used cocaine as evidenced by results of a Rapid Drug Screen and
testimony of the supervising probation officer.
These violations constitute Grade C violations. TB1.1 (a)(3).
B. Violation of Special Condition #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. You shall join
a 12-step program and obtain a sponsor.
The offender failed to submit to drug testing at TASC as part of the random drug testing program on August 15,
2005; September 23, 2005; September 29, 2005; and, October 27, 2005, as evidenced by documentation from
TASC.
These violations constitute Grade C violations. 7B1.1(a)(3).
C. Violation of Special Condition #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. You shalljoin
a 12-step program and obtain a sponsor.
On November 12, 2005, the offenderwas unsuccessfully discharged from the Recovery Homes program
of substance abuse counseling forfailing to return to the facility as evidenced by a discharge report from
Recovery Homes.
This violation constitutes a Grade C violation. 7B1 .1 (a)(3).
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U.S.A. v. Benjamin Placencio ·DESI\/IA •
Docket No. 03CR50069-PHX-ROS
November 21, 2005
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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ichael A. Watts, Date
U.S. Probation Officer
Reviewed by { ?
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Niel Graber Date
Supervisory U.S. Probation Officer
Rev wed by
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. at at
Da cy A. erow Date
As istant 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 penal of erjury. The Court orders the issuance of a warrant.
Considered and ordered this ,,3,Q day of C , 2025; and ordered filed and
made a part of the records in the above case.
Q Eéonzrable éoslyn O. Silver,
U.S. District Judge
Defense Counsel:
Craig Stephen Orent
Federal Public Defenders Office
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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