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

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BY DEPUTY
United States v. Joseph F. Ri\/ERA bit *7 I ' 'Dobket No. 03CR01259-002-PHX—EHC
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Petition to Revbke`Su e‘rvised‘Re|ease ir *
P SEri..t,ED
COMES NOW PROBATION OFFICER Frank I-l. Guzman presenting an official report on Joseph
F. RIVERA who was committed to the Bureau of Prisons on April 26, 2004 by the Honorable Earl l-l.
Carroll presiding in the District Court ofArizona. A 36 month period of supervised release was imposed,
and supervision commenced upon the offender's discharge from imprisonment on June 5, 2004. ln
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 (including but not timited 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 not contact any ofthe victims, joe, and the probation officer will verify cc·mpliance."
5. "You shall abstain from all use of alcohol or alcoholic beverages."
6. "You shall seek and obtain verifiable employment, and not change your place of employment or
place of residence without prior notice and approval of the probation officer."
Joseph F. RIVERA was convicted of Possession of Stolen Mail.
On February 22, 2005, the Court revoked Rivera's supervised release and sentenced him to 90 days
custody and 36 months supervised release. The following special conditions were ordered:
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 participate in a Home Confinement Program with electronic monitoring under the
sanction of curfew fora period of 90 days. You shall contribute to the cost ofelectronic monitoring
in an amount to be determined by the probation officer."
3. "You shall seek and obtain verifiable employment."
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U.S.A. v. Joseph F. RIVERA `“•" "··’
Docket No. 03CR01259-002-PHX-EHC
I\/larch 6, 2006 ·
On November 22, 2005, Rivera agreed to sign a waiver and order directing him to participate in a halfway
house. On November the Court approved the following waiver and order:
"You shall reside and participate in a halfway house for 180 days, unless discharged earlier by the
probation officer."
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition No. 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.
As evidenced by the TASC failure to appear report, Rivera failed to submit urine tests on the following
dates: October 3, 13, 31; November 4; December 1, 2005; January 12, 27; February 6, and 16, 2006.
Grade C violation, pursuant to §7B1.1(a)(3)(B).
B. Violation of Special Condition No. 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.
As evidenced bythe Vernon House signin sheet signed bythe director, Robert Strickbone, Rivera failed
to report to the Vernon House February 10 through February 28, 2006 for a total of 19 no shows. Grade
C violation, pursuant to §7B1.1(a)(3)(B). `
C. Violation of Standard Condition No. 8: "You shall refrain from excessive use of alcohol and
shall not purchase, possess, use, distribute or administer any narcotic or other controlled
substance, or any paraphernalia related to such substances, except as prescribed bya physician.
Possession of controlled substances will result in mandatory revocation of your term of
supervision. lf ordered by the Court to participate in a drug and/or alcohol abuse treatment
program, you shall totally abstain from the use of any alcoholic beverages or other iritoxicants
during and after the course of your treatment."
Rivera used methamphetamine, as evidenced by a positive urine specimen tested by Kroll which Rivera r
submitted January 5, 2006. Grade C violation, pursuant to §7B1.1(a)(3)(B).
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U.S.A. v. Joseph F. Rl\/ERA V G
Docket No. 03CR01259—002—Pl—l><-El—IC
l\/larch 6, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 26 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.
it ‘ . ia m Siejacg
Frank H. Guzman, Date
U.S. Probation Officer
Reviewed b
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David B. Colleran Date
Supervisory U.S. Probation Officer
Revi wed by
Date `
Assistant .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 rjury. The Court orders the issuance of a warrant.
Considered and ordered this I} day of M , 2006 and ordered filed and
made a part ofthe records in the above case.
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The Honorable Earl H. Carroll,
Senior U.S. District Judge
Defense Counsel:
Thomas N. Crowe
1100 East Washington Ste. 200
Suite 200 .
Phoenix, Arizona 85034
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