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

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UNITED STATES DISTRICT C c *R’i“’
for DEC 0 3 2007 A
DISTRICT OF ARIZONA ( V
CLERK u s oismicw count
oismicr or ARIZONA
BY ( oepuw
United States v. Christopher Lee Hosler Docket N . • 7 - • •. •• - · " V M
Petition to Revoke Supervised Release A *·
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COMES NOW PROBATION OFFICER B. Pamela Seider presenting an official report on
Christopher Lee Hosler who was committed to the Bureau of Prisons on July 8, 2004, by the Honorable
Stephen M. McNamee presiding in the District Court of Arizona. A 36 month period of supen/ised
release was imposed, and supervision commenced upon the offender’s discharge from imprisonment
on June 4, 2007. ln 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 reside and participate in a community corrections center for up to 180 days and shall
comply with the rules of the facility.
4. You are prohibited from owning, maintaining or using a firearm or ammunition.
5. You shall abstain from all use of alcohol or alcoholic beverages.
Christopher Lee Hosler was convicted of Felon in Possession of Ammunition, a Class C felony, in
violation of 18 USC §922(g)(1) and 924(a)(2).
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS: (
A. Violation of Standard Condition #1: "You shall not commit another federal, state, or local
crime during the term of supervision."
1. On September 6, 2007, Hosler committed the crime of Driving on a Suspended License,
a misdemeanor offense (ARS 28-3473A). Mesa Police report 2007-2491106 indicated
Hosler was stopped afterthe vehicle did not have a license plate light. The officer smelled
"the odor of an intoxicating beverage coming from within the vehicIe". Hosler was the sole
occupant of the vehicle. After a records check, police asked Hosler to step out of the
vehicle, where he acknowledged his license was suspended and stated "Tonight I guess
I got caught." Grade C violation.
2. C&B12<2c§18t1EfrOl“GLO1i)$ll{||l¤‘Iosl&0©Umi®rilUtééBthe lciiltrdet f(13é20lD1Z; thé’@te=:rt€0b8an Accident

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U.S.A.·v. Christopher Lee Ho, O
Docket No. 03CR01106-001-PHX—SMM , g ,
November 29, 2007
(ARS 28—662(A)(2) a misdemeanor offense. Mesa Police Report 2007-2860662 indicated
Hosler ran from the scene of an accident where he hit construction of the light rail area on
Dobson Rd. Witnesses observed Hosler exit the vehicle and run through a parking lot,
» east bound on Main Street. Hosler’s father, the vehicle owner stated to police his son was
the driver of the car. Police officers went to the Hosler residence and asked Hosler if he
was the driver. Hosler stated he and his girlfriend "were having problems and he decided
to run his car into traffic barricades." Grade C violation.
B. Violation of Standard Condition #3: "You shall report to the probation office as directed by
the Court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month."
On November 7, 2007, Hosler failed to report to the probation office, as directed verbally by the
assigned probation officer on October 29, 2007. A letter was sent to the offender on October 29,
2007, directing him to report on November 7, 2007. On November 8, 2007, the assigned
probation officer left a voice mail message for Hosler to call. He has failed to report as directed.
Grade C violation.
C. Violation of Standard Condition #6: "You shall work regularly at a lawful occupation unless
excused by the probation officer for schooling, training or other acceptable reasons."
On October 29, 2007, Hosler admitted he was fired from his employment "for missing three days
of work." To date, he has failed to maintain employment and has not been excused for any
acceptable reason. Grade C violation.
D. Violation of Standard Condition #12: "You shall immediately notify the probation officer
(within 48 hours if during a weekend or holiday) of being arrested or questioned by a law
enforcement officer.
1. On November 4, 2007, Hoslerfailed to report contact with Mesa Police after a traffic stop.
Grade C violation.
2. On November 14, 2007, Hosler failed to report contact with Mesa Police tothe probation
officer, after a call to the emergency number indicated Hosler was walking in the street with
a hammer, yelling. Mesa police called in their air unit, who followed Hosler into his
residence. Hosler refused to come out ofthe house. No arrest was made, after Hos|er’s
brother refused to be listed as the victim. Grade C violation.
E. Violation of Special Condition #5: "You shall abstain from all use of alcoholic beverages."
On September 6, 2007, Hosler consumed alcohol as evidenced by Mesa Police report 2007-
2491106. After being stopped for driving on a suspended license, police observed Hosler ‘s eyes
to be "b|oodshot and watery." When questioned on the amount he drank, Hosler stated "| don’t
know how much, but I’ve been drinking." He acknowledged his conditions of supervised release
and county probation required him not to consume alcohol. Hosler’s BAC was .058. A Grade C
violation.
Case 2:03—cr—01106-SMM Document 19 Filed 12/O3/2007 Page 2 of 3

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U.S.A.#v. Christopher Lee Ho, ·
Docket No. O3CR01106-001-PHX-SMM
November 29, 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 supervision, I am petitioning the Court to issue a warrant.
x J ; if i’ . CQ 7
gy 7 if "‘ *7/ {/ /;)*,41
. amela Seider ` Dat
Senior U.S. Probation Officer
Reviewed by
K/AHM %—
' 11/28/07
Abelardo R. Colores Date
Supervisory U.S. Probation Officer
Reviewed by
. T r gggg
Da cy C row 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 3 day of ;;&•4•...é·o¢- , 2007 and ordered filed and
made a part of the records in the above case.
. é·¢••·<...
The Hon able Stephen M. McNamee,
Senior U.S. District Judge
Defense Counsel:
Michael S. Reeves
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