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

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DlSTR|CT OF ARIZONA DISTRICT OF AHQSSAPHT
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UnitedU_States v. Terry.Lee COSTELLO, JR. Docket No. 03CR01095-001-PHX-DGC
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`Z-- _ Petition to Revoke Supervised Release T `·I··‘*···"·‘IQ
PIROBATION OFFICER Mike Acosta presenting an official report on Terry Lee
COSTELLO, JR., who was committed to the Bureau of Prisons on May 19, 2005 by the Honorable David
G. Campbell presiding the District Court of Arizona. A 2-year period of supervised release was ·
imposed—?and supervision commenced upon the offender's discharge from imprisonment on January 18,
. 2006. ln addition to the general terms and conditions adopted bythe 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 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 are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
5. You shall reside and participate in a community corrections center for 120 days, unless
discharged earlier by the probation officer.
6. You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
7. You shall abstain from all use of alcohol or alcoholic beverages.
8. Restitution balance remains $1,561.00. You shall make a monthly fine and restitution payment
at a rate of no less than $25.00 per month.
Terry Lee COSTELLO JR. was convicted of Possession of Stolen Mail in violation of 18 USC § 1708.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 3: You shall report to the Probation Office as directed by the
Court or the probation officer, and shall submit a truthful and complete written report within the
first five days of each month.
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U.S.A. v. Terry Lee COSTELLQR. 0
Docket No. 03CR01095-001-PHX-DGC
April 4, 2007 .
Costello failed to submit monthly supervision reports for the months of October, November, and
December 2006; and for January, February, and March 2007. Grade C violation. §7B1.1(a)(3).
B. Violation of Standard Condition 3: You shall report to the Probation_Office as directed by the
Court or the probation officer, and shall submit a truthful and complete written report within the
first five days of each month
Despite a written directive dated September 26, 2006, directing Costello to report in person to the U.S.
Probation Office weekly, Costello failed to report during the months of November and‘December 2006,
as well as January, February and March 2007. Grade C violation. §7B1 .1(a)(3).
C. Violation of Special Condition 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.
Costello was enrolled in TASC‘s random drug testing program May 18, 2006. Since his enrollment he
has failed to report for random drug testing on the following dates: June 13, 2006; July 21, 2006; August
_ ' 14, 2006; August 22, 2006; August 30, 2006; September 6, 2006; November 7, 2006; January 8, 2007;
January 26, 2007; January 31, 2007; February 6, 2007; February 14, 2007; February 23, 2007; February
26, 2007; March 7, 2007; and March 12, 2007. Grade C violation. §7B1.1(a)(3).
D. Violation of Special Condition 8: Restitution balance remains $1,561.00. You shall make a
monthly fine and restitution payment at a rate of no less than $25.00 per month.
Since approximately May 2006, Costello has failed to make a minimum monthly payment of $25.00 per
month toward restitution despite a written directive to do so. Grade C violation. §7B1.1(a)(3).
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 viol ted conditions of supervision, I am petitioning the Court to issue a warrant.
M Z/[ gm 7
Mike Acosta, Date ‘
U.S. Probation Officer
Reviewed by /Q/L!
Neil Graber Date
Supervisory U.S. Probation Officer
Case 2:03-cr—01095-DGC Document 79 Filed 04/10/2007 Page 2 of 3

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U.S.A.` v. Terry Lee COSTELLQR. 0
Docket No. 03CR01 095-001 -PHX—DGC
April 4, 2007
Rev wed by
a l V. R d Date
Assistant U.S. Attorney ·
ORDER OF COURT
I find there is probable cause to beiieve the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of per`ury. The Court orders the issuance of a warrant.
Considered and ordered this Q day of Q , 20 07 and ordered filed and
made a part of the records in the above case.
25 Mfé: L, g
The Honorable David G. Campbell, g
U.S. District Judge
Defense Counsel;
Carmen L. Fischer
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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