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

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· UNITED STATES DISTRICT CO RT JUN 2 2 2005 ‘
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/ __... WYIEDISTRICT OF ARIZONA qi
United States v. Erik BIRD Docket No. 2:03CR00354-003-PHX—JAT
Petition to Revoke Supervised Release
· if COMES NOW PROBATION OFFICER Adelina Bustamante presenting an official report on Erik
_ BIRD who was committed to the Bureau of Prisons on August 9, 2004 by the Honorable James A.
Teilborg 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 August 9,
2004.
On October 25, 2004, a petition to revoke was submitted and on November 4, 2004, a warrant was
issued for his arrest. On April 14, 2005, the Court revoked Bird's term of supervised release and ordered
he be committed to the Bureau of Prisons for a term of six months, to be followed by 30 months of
supervised release.
On December 15, 2005, a petition to revoke was submitted and on December 21, 2005, a warrant was
issued for his arrest. On January 11, 2006, the Court revoked Bird's term of supervised release and
ordered he be committed to the Bureau of Prisons for a term of four months, to be followed by 32 months
of supervised release. In 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 maior 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 oftreatment in an amount
to be determined by the probation officer.
6. You shall reside and participate in a residential treatment center as directed by the supervising
probation officer.
7. You shall abstain from all use of alcohol or alcoholic beverages.
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L.I.S.A. vf Erik BIRD O O
Dofoket No. 2:03CR0085·4-003-PHX-JAT
i June 1, 2006
Erik BIRD was convicted of Possessing a Counteifeited Security of State, in violation of 18 USC §513,
a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition #3: "You shall report to he Probation Office as directed by the
Court or probation officer..."
On May 1, 2006, Bird telephoned this officer advising he had been released from the custody of
Maricopa County jail. He was directed to report to the office on May 2, 2006, but he failed to do so.
Grade C violation. 7B1.1(a)(3)
B. Violation of Standard Condition #7: "You shall notify the probation officer at least ten days
prior to any change of residence or empIoyment.“
On May 4, 2006, Bird failed to report to Recovery Homes, a men's residential treatment program and his
whereabouts are unknown. Grade C violation. 7B1.1(a)(3)
C. Violation of Special Condition #6: "You shall reside and participate in a residential treatment
center as directed by the supervising probation officer."
On May 1, 2006, the supervising probation officer informed Bird via telephone, that on May 4, 2006, if
his Maricopa County Probation was reinstated, he was to report directly to Recovery Homes. Bird was
provided with the address and phone number of Recovery Homes. Bird failed to report to the program.
Grade C violation. 7B1.1(a)(3)
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Ui.‘5;.A. v.`Erik BIRD O 0
- Docket N0. 2;O3CROOB54—003-PHX—JAT
‘ June 1, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision 0f 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct t0 the best of my knowledge. Based 0n the information presented that the
offender has violated conditions of supervision, I am petitioning the Court t0 issue a warrant.
/J/F; ~
` 1 . ’ .

yf-\delina Bustamante, Date
_/ Senior U.S. Probation Officer
Reviewed by
gégjjgé y@%jj`Q t¤~l»0e
a rie Trigilio Date
Supervisory U.S. Probation Ofticer
Reviewed by
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%,/Pgul v. %od pate
» 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 Z2, day of »,'_?7g7t/ , 20 676 and ordered filed and
made a part of ttiepegcords in the above case.
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U.S. District Judge l.? ~ (*::3 L
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Defense Counself ‘ 1:-
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Thomas E. Haney IE ins
850 West Adams Street § U` Q
Suite 201
Phoenix, Arizona 85007
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