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

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for
DISTRICT OF ARIZONA
United States v. Jason ORTEGA Docket No. 03CR50018-PHX-MHM
I Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on Jason
ORTEGA who was committed to the Bureau of Prisons on March 16, 2005, by the Honorable Mary H.
Murguia presiding in the District Court of Arizona. A 44 month period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on July 1 , 2005.
ln addition to the general terms and conditions adopted bythe court in General Order 04-1 1 , 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 (including 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 provide the probation officer access to any requested financial information.
4. You shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation ofhcer.
5. You shall comply with all prescribed psychotropic medications, submit to any blood level tests
made necessary by the medication, and participate in all mental health treatment and education
ordered by the treating psychiatrist in the community or as directed by the probation officer.
6. You shall reside and participate in a community corrections center for 180 days and shall comply
with the rules of the facility.
7. You shall not possess firearms, explosive devices, or other dangerous weapons.
Jason ORTEGA was convicted of Importation of Methamphetamine, a Class A felony in violation of 21
USC §§ 952 and 960. He was sentenced in the Southern District of California to 41 months in prison
and four years supervised release, which started on April 12, 2002.
Jurisdiction was transferred to the District of Arizona on January 31, 2003, and assigned to the
Honorable Mary H. Murguia.
On March 16, 2005, supervised release was revoked and Ortega was sentenced to four months in
custody and 44 months supervised release.
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U.S.A. v. Jason ORTEGA O
- 'Docket N0. 03CR50018-PHX-MHM
August 11, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS: C
A. Violation of Standard Condition 7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
Ortega failed to notify the probation oflicer of his change in residence when he left Behavioral
Systems Southwest on August 5, 2005. Grade C violation. §7B1.1(a)(3).
B. 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."
Ortega used methamphetamine on or about August 5, 2005, as evidenced by positive urinalysis
results from Behavioral Systems Southwest. Grade C violation. §7B1.1(a)(3).
C. Violation of Special Condition 6: "You shall reside and participate in a community
corrections center for 180 days and shall comply with the rules of the facility."
Ortega failed to reside at Behavioral Systems Southwest for 180 days. He absconded from the
facility on August 5, 2005, as evidenced by documentation from Behavioral Systems Southwest.
Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Jason ORTEGA O O
. `Docket No. 03CR50018-PHX-MHNI
August 11, 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.
Elizabgh P. Simons Date
Senior U.S. Probation Officer
Re iewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Reviewed by
-
, par' Y /3 JJ
D roy C row Dat
As istan 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 _ i day of g,;1>;;g , 20 %_ and ordered tiled and
made a part of the records i t e a ove case.
I » M
\ni
The Honorab Ma H. =
U.S. District Judge
Defense Counsel:
Jane L. McClellan
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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