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


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Date: April 28, 2006
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State: Arizona
Category: District Court of Arizona
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imiil"` O O as ___aooeeo
UNITED STATES DISTRICT C0 T D F
DISTRICT OF ARIZONA CLERK U S DLSWCT mum-
oisrnicr os Anizortn
BY DEPUTY
United States v. Jose Luis FRANCO, Jr. Docket No. 03CR00103941—PHX—MHM
- %i”'*"€ `1
Petition to Revoke Supervised Release-/I,. *‘·*’ `”“" JL
COMES NOW PROBATION OFFICER Teri A. Torres 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,
I 2006. In addition to the general terms and conditions adopted by the court, the offender was ordered to
comply with the following special conditions:
I 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 ofncer.
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 making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval ofthe 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 and participate in a community corrections center for 180 days and shall comply
with the rules- of the facility. ‘
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 supervising officer.
Jose Luis FRANCO, Jr. was convicted of Transportation of Illegal Aliens, in vioiation of 8 USC
§1324(a)(1)(A)(ii) and (B)(i).
Case 2:O3—cr—O1039—MHM Document 26 Filed O4/26/2006 Page 1 of 3

Page 2 ’ •
U.S.A. v. Jose Luis FRANCO, .
Docket No. O3CR001039-1-Pl-IX-l\/IHIVI
April 19, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition # 6: "You shall reside and participate in a community
corrections center for 180 days and shall comply with the rules of the facility."
1. Franco Jr. failed to participate with the rules of Behavioral Systems Southwest (BSSW).
On or about April 8, 2006, Franco Jr. was found to be in bed with a female resident. The
rules of the program do not allow for such behavior to take place. BSSW's intent is to
terminate Franco Jr. from the program. A Grade C violation. §7B1 .4(a).
Case 2:03-cr-01039-l\/IHIVI Document 26 Filed O4/26/2006 Page 2 of 3

Page 3 ’ O
U.S.A. v. Jose Luis FRANCO, .
Docket No. 03CR001039—1-PHX-l\/|H|\/I
April 19, 2006
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.
li i 0Za
Teri A. Torres Date
U.S. Probation Officer
Reviewed by
@7 4- iq [ 0 Q
Fred J. Chilese Dat '
Supervisory U.S. Probation Officer
Re wed by
i » J»¤·f" %¤Zd 40 Q
eph . Koehler D e
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 u der penalty of pe `ury. he Court orders the issuance of a warrant.
Considered and ordered this &l day of ~ , 200k and ordered filed and
made a part of the reco ds inthe above case.
i
The Honorabl ary . urgu
U.S. District Judge
Defense Counsel:
Philip Seplow
i 45 West Jefferson, Suite 503
l Phoenix, Arizona 85003-2307 I
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