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

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UNITED STATES DISTRICT COURT
rm JAN · 3 2008
DISTRICT OF ARIZONA CLERK u s oratnrcr coorn I
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United States v. Jose Luis Franco, Jr. Docket No. 03CR001039-001-PHX-MHM
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Petition to Revoke Supervised Release 4
COMES NOW PROBATION OFFICER Elizabeth Gonshal<—Peters presenting an official report on Jose Luis Franco,
Jr. who was committed to the Bureau of Prisons on January 8, 2004, by the Honorable Mary H. Murguia presiding in the District
Court of Arizona. A 36 month period of supervised release was imposed, and supervision commenced upon the offender’s
discharge from imprisonment on March 21, 2006.
On July 12, 2006, Franco Jr.s' supervised released was reinstated and a 36 month period of supervised release was imposed.
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 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 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.
6. You shall reside at, participate in, and complete the program at Recovery Homes for not more than 180 days, unless
discharged by the probation officer.
7. You shall abstain from all use of alcohol or alcoholic beverages.
8. You are prohibited from traveling to Mexico without the prior approval of the probation officer.
Jose Luis Franco, Jr. was convicted of Transportation of Illegal Aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (B)(i), a
Class C felony.
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U.S.A. v. Jose Luis FRANCO, J'! ·•’
Docket No. 03CR001039-001-PHX-MHM
December 17, 2007
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
A. 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 U.S.C.
§ 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.
Franco Jr. has not refrained from the use of cocaine. On May 1, and May 8, 2007, he tested positive for the use of
cocaine. He also tested positive for cocaine November 27, and December 7, 2007. Grade C violation. U.S.S.G. §
7B1.1(a)(3).
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision oi2BU.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
petltioning the Court to issue a warrant.
%/n /
7. 1 ff! I — rznrrnr
Elizab nshak- eters, Date
U.S. Probation Officer
Reviewed bz
7 { .
% ‘ 12l‘l7!07
Abelardo R. Colores Date
Supervisory U.S. Probation Officer
Revi ed by
J / {ae.? /,2g% {57/
` s ph E. oehler Date
Assistant U.S. Attorney
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U.S.A. v. Jose Luis FRANCO, Juv uv
Docket No. O3CR001039-001-PHX-MHM
December 17, 2007
ORDER OF COURT
ifi d there is probable cause to believe the offender has violated conditions of supervision, supported by the abc? affirmation
•& under penalty of perjur(E The Court orders the issuance of a warrant. Considered and ordered this V!) day of
.L. , 20_fL and ordered filed and made a part of the records inthe above case.
I
A r I • O
Amt T 440- tn ..
The U orabie Many H. M rguia,
U.S. District Judge _
Defense Counsel:
David M. Ochoa
P.O. Box 22126
Phoenix, Arizona 85028-2126
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