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United States v. Erik BlRD Docket No. 2:03CR00854-003-Pl—lX—J ·~——
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Adeline Bustamante presenting an official report on Erik
BIRD who was committed to the Bureau of Prisons on August 9, 2004, for a period of time served, 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 offenders 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. In addition to the general terms and conditions adopted by the court in General
Order 04-11, 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 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. Youshall provide the probation ofHcer 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.
You shall abstain from all use of alcohol or alcoholic beverages.
Case 2:03-cr-00854-JAT Document 204 Filed 12/21/2005 Page 1 of 3
_ Page 2
U.S.A. v. Erik BIRD kv `wad I
Docket No. 2:03CR00854-003—PI—lX-J/-\T
December 15, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. 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."
Bird has failed to submit to urinalyses on the following dates: 10/17; 10/27; 11/3; 11/8; 11/16; 11/23;
12/1; and 12/7/05. Grade C violation.
B. Violation of Standard Condition #7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
On December 15, 2005, Bird's employer advised Bird quit working without giving any type of notice.
According to the employer, although the final check was dated November 14, 2005, Bird did not work
during the entire month of November. Bird has failed to contact the probation officer advising of his
change in employment. Grade C violation.
Case 2:03-cr-00854-JAT Document 204 Filed 12/21/2005 Page 2 of 3
Page 3
' U.S.A. v. Erik BIRD ii-·* wl
Docket N0. 2:03CR00854-003-PHX-JAT
December 15, 2005
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, l am petitioning the Court to issue a warrant.
Air/<$"‘e’
Ade ina Bustamante, Date
Senior U.S. Probation Officer
Reviewed by , I
L , . 4.2/; Air
La rie Trigilio, l Da
Supervisory U.S. Probation Officer
Revi ed by
(2 (/émf g¤>7.{O?d>;p· J/P
Pa IV. ood 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 day of
, Q day of J 65% , 206* 7 and ordered filed and made a part of the records in the above case.
Tégnorable James A. Teilbgrg,
UT . District Judge E, n ,_, _;U,}
Defense Counsel: tor; {L jjj Egg QQE
Thomas E. Haney _
101 N. First Ave., Suite 2460 Tm: , -_ gn
Phoenix, AZ 85003 J i` " "‘
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