(R v. 12/04)
6 · . ;[__ FILED ‘· ___ LODGED
C l .‘- EIVED ____COPY
UNITED STATES DIST ~ ·
. (W FEB 2 2 2007
U·l%>i§’ifl¤<1 t;r
DISTRICT OF ARIZONA
_ A _ BY_______________ DEPUTY
United States v. Robert Ruiz 7 FEB 23 i I W5 Docket No. • '• •• " ’ •
V
.l.ll$~·."il*ll;i ·i'` L 1. V ‘ti‘i i if ) /
Petition to Revoke Superb/used Release
COMES NOW PROBATION OFFICER Trisha Skalmusky presenting an official report on Robert
Ruiz who was convicted of possession of a controlled substance with intent to distribute and was
committed to the Bureau of Prisons on June 10, 2004, by the Honorable David G. Campbell presiding
in the District Court of Arizona. A three year period of supervised release was imposed, and supervision
commenced upon the offender's discharge from imprisonment on September 17, 2006. 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 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 provide the probation officer access to any requested financial information. _,
4. You are prohibited from owning, maintaining or using a firearm. "
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall not travel to the Republic of Mexico without receiving prior written permission from your
supervising probation officer.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of special condition 1: You shall participate as instructed by the probation officer
in a program of substance abuse treatmentwhich may include testing for substance abuse.
You shall contribute to the cost of treatment in an amount to be determined by the
probation officer.
Ruiz failed to submit to drug testing on: December 2, 2006; December 11, 2006; and December
20, 2006. All Grade C violations. §7B1.1(a)(3)(B).
Case 2:03-cr—01115-DGC Document31 Filed O2/22/2007 Paget of3
Page 2
U.S.A. v. Robert Ruiz a ·
Docket No. 03CR01115-001-PHX-DGC
February 1, 2007
B. Violation of standard condition 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 by a
physician. Possession of controlled substances will result in mandatory revocation of your
term of supervision. lf ordered by the Court to participate in drug and/or alcohol abuse
treatment program, you shall totally abstain from the use of any alcoholic beverages or
other intoxicants during and after the course of your treatment.
On or before November 22, 2006, Ruiz used a controlled substance (cocaine) as evidenced by
a urine sample collected the same date. A Grade C violation. §7B1.1(a)(3)(B).
C. Violation of standard condition 7: You shall notify the probation officer at least ten days
prior to any change of residence or employment.
On or before December 18, 2006, Ruiz moved from his residence and left his employment without
notifying the probation officer, as evidenced by a telephone call to the employer who reported that
the offender had not been to his residence (which was supplied by the employer) or to work for
over a week. The employer had not been contacted by the offender and therefore, his
whereabouts were unknown. A Grade C violation. §7B1.1(a)(3)(B).
Case 2:03-cr—O1115-DGC Document 31 Filed O2/22/2007 Page 2 of 3
5 Page 3
U.S.A. v. Robert Ruiz 0 •
Docket No. O3CR01115-001-PHX-DGC
February 1, 2007
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 supen/ision, I am petitioning the Court to issue a warrant.
/
Trisha Skalmusky, Date
U.S. Probation Officer
R vie ed by
I my
J 1 Jau gui Date
Supervisory U.S. Probation Officer A
Re ewed by H
. Date
Assistant U.S. Attorney
ORDER OF COURT
l find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of erjury. The Court orders the issuance of a warrant.
Considered and ordered this Z[ day of , 20 0 7 and ordered filed and
made a part of the records in the above case. t
lwfé dag
The Honorable David G. Campbell,
U.S. District Judge L
Defense Counsel:
Baltazar Iniquez
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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