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

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United States v. Joseph F. Rivera Docket No. 03CR01259—002-PHX—EHC
Petition to Revoke Supervised Release "’
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on
Joseph F. Rivera who was committed to the Bureau of Prisons on June 20, 2006, by the Honorable Earl
l—l. Carroll presiding in the District Court of Arizona. A 36 month period of supervised release was
imposed, and supenrision commenced upon the offender’s discharge from imprisonment on ll/larch 5,
2007. In 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 provide the probation officer access to any requested financial information. .
3. You shall seek and maintain full~time employment, unless enrolled in a full time educational
program.
4. You shall abstain from all use of alcohol or alcoholic beverages.
5. Upon release from custody, you shall reside and participate in a Community Correction Center
or halfway house for up to 90 days, unless discharged earlier by the probation officer on a work
release program. And comply with the conditions of the facility where you're placed.
On l\/lay 7, 2007, via Waiver and Order, the following special condition was added:
6. 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 officer.
Joseph F. Rivera was convicted of Possession of Stolen Mail, a Class D felony in violation of 18 USC
§ 1708. He was sentenced on April 26, 2004, to six months in prison and 36 months supervised release.
Rivera was released to begin supervision on June 5, 2004.
On February 22, 2005, supervised release was revoked and Rivera was sentenced to 90 days in prison
and 36 months supervised release. He was released to begin supervision on April 7, 2005.
Supervised release was revoked on June 20, 2006, and Rivera was sentenced to 10 months in prison
and 36 months supervised release. I
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U.S.A. v. Joseph F. Rivera
Docket No. 03CR01259-002-Pl-lX-EHC
October 9, 2007
RESPECTFULLY PRESENTING PETiTlON FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 3: "You shall report the Probation Office as directed bythe
Court or probation officer, and shall submit a truthful and complete written report within
the first five days of each month."
Rivera failed to report to the probation office as directed on July 1 1 , August 9, and September 1 1,
2007. Grade C violation. §7B'l.1(a)(3).
B. Violation of Standard Condition 4: "You shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation officer."
As evidenced by his handwritten admission date August 17, 2007, Rivera failed to truthfully
answer the probation officers questions about his drug tests on June 27, and July 25, 2007.
Grade C violation. §7B1.l(a)(3).
C. 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 USC § 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 positive urinalysis results, laboratory confirmation and his handwritten admission
dated August 17, 2007, Rivera used methamphetamine on or about August 14, 2007. Grade C
violation. §7B1.1(a)(3).
D. 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 USC § 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 positive urinalysis results and laboratory confirmation, Rivera used
methamphetamine on or about August 20, and September 5, 2007. Grade C violation.
§7B1.1(a)(3).
E. Violation of Special Condition 1: "You shall participate as instrsucted 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 bythe
probation officer."
On June 12, 2007, Rivera was directed in writing to begin drug testing via the TASC color line and
was assigned the color green. As evidenced by documentation from TASC , on June 27, 2007,
Rivera was caught at TASC attempting to tamper with his drug test. The test monitor observed
Rivera using a commercial device to submit a urine sample. Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Joseph F. Rivera
Docket No. 03CR01259—002-PHX-EHC
October 9, 2007
F. Violation of Special Condition 1: "You shall participate as instrsucted 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."
On June 12, 2007, Rivera was directed in writing to begin drug testing via the TASC color line and
was assigned the color green. As evidenced by documentation from TASC , on July 25, 2007,
Rivera was caught at TASC attempting to tamper with his-drug test. The test monitor observed
Rivera using a home-made device to submit a urine sample. Grade C violation. §7B1.1(a)(3).
G. Violation of Special Condition 1: "You shall participate as instrsucted 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 bedetermined bythe
probation officer." .
On June 12, 2007, Rivera was directed in writing to begin drug testing via the TASC color line and
was assigned the color green. As evidenced by documentation from TASC, on August 21 , August
27, September 6, September 10, and September 21 , 2007, when green was called, Rivera failed
to submit to drug testing. Grade C violation. §7B1.1(a)(3).
H. Violation of Special Condition 6: "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
officer."
Rivera was referred to Southwest Behavioral Health for a mental health assessment at his
request. The assessment included a recommendation for individual mental health counseling.
As evidenced by documentation from Southwest Behavioral Health, Rivera failed to attend
scheduled counseling sessions on August 4, August 1 1, and August 31 , 2007. Grade C violation.
§7B1.‘l(a)(3).
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U.S.A. v. Joseph F. Rivera
Docket No. 03CR01259—002-PHX-EHC
October 9, 2007
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1748, 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
j offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
gh/@@2 10/05/07
Elizabet . Sim Date
Senior U.S. Probation Officer
Revieged bz? Yi
0* ` W C"’/U/ 10/9/07
Lori A. Wantland Date
Supervisory U.S. Probation Officer
Re wed by I
I
' ( wr /cig/rgd Z
P ul V. od 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 {,1; day of , 20 bz and ordered filed and
made a part of the records inthe above case.
The Honorable Earl H. Carroll
Senior U.S. District Judge
Defense Counsel:
Thomas N. Crowe
1 100 East Washington Street
Suite 200
Phoenix, Arizona 85034
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