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


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Date: August 11, 2006
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COUR —-— *"F°E"’E° -—°°*"’
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United States v. Dustin Gregory Arnold Docket No. 03C • • a · • - - - ·
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Petition to Revoke Probation MT
COMES NOW PROBATION OFFICER Leigh Anne Gibbons presenting an official report on Dustin Gregory Arnold who
was placed on probation on October 4, 2004, by the Honorable James A. Teilborg presiding in the District Court of Arizona.
A three—year period of probation was imposed. 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 your person, property (including but not limited to computer, etectronic devices, and storage media),
residence, office, or vehicle to a search conducted by a probation ofhcer, at a reasonable time and in a reasonable
manner. Failure to submit to search may be grounds for revocation. You shall warn any other residents that the
premises may be subject to searches pursuant to this condition.
3. You shall provide the probation officer access to any requested Hnancial 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 Home Confinement Program with electronic monitoring underthe sanction of for a period of
six (6) months. You shall contribute to the cost of electronic monitoring in an amount to be detemiined by the probation
officer.
6. 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.
7. You are prohibited from owning, maintaining or using a firearm.
Amold was also ordered to pay restitution of $10,448 at a rate of at least $200 per month jointly and severally with the co-
defendants.
Dustin Gregory Amold was convicted of Possession of Counteifeited Security of State, a Class C felony in violation of 18 USC
§ 513.
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U.S.A. v. Dustin Gregory Arnold
Docket No. 03CR00854-002-PHX-JAT
August 2, 2006 . _ ,
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
Allegation A: Violation of Order to Pay Criminal Monetary Penalties: Arnold was ordered to pay $10,448 at a rate of at
least $200 per month, jointly and severally with the co·defendants.
Arnold failed to make restitution payments for August through November 2005. Grade C violation.
Allegation B: Violation of Standard Condition No. 9: You shall notpurchase, possess, use, distribute oradministerany
narcotic or other controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 801)
or anyparaphernalia related to such substances, withouta prescription bya licensed medical practitioner. Possession
of controlled substances will result in mandatory revocation of your term of supervision.
On or about October 4, 2005, Arnold used methamphetamine as evidenced by a urine sample which tested positive for
methamphetamine. Grade C violation.
Allegation C: Violation of Special Condition No. 6: 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.
1) On or about July 13, 2005, Arnold was unsuccessfully discharged from mental health medication monitoring
for failure to report for appointments July 19, 2005; August 30, 2005; and September 20, 2005. Grade C
violation. _
2) On or about October 13, 2005, Arnold was unsuccessfully discharged from mental health treatment for failure
to participatelattend. Grade C violation.
Allegation D: Violation of Special Condition No. 7: You are prohibited from owning, maintaining or using a firearm.
On or about October 19, 2005, Amold possessed a tireamt. Grade B violation.
Allegation E: Violation of Standard Condition No. 1: You shall not commit another federal, state, orlocal crime during
the term of supervision.
On June 27, 2006, Arnold was convicted in Maricopa County Superior Court, Docket No. CR2005-134247-001 DT, for
Misconduct Involving Weapons in violation of Arizona Revised Statute § 13-3101, 3102(A)(4), 3105, 610, 701, 702, 702.01,
801. Grade B violation.
Case 2:03-cr-00854-JAT Document 225 Filed 08/10/2006 Page 2 of 3

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U.S.A. v. Dustin Gregory Arnold
Docket No. 03CROD854-002-PHX—JAT
August 2, 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, l 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.
Leigh Anne Gibbons Z zDa§
U.S. Probation Officer
Reviewed by
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Fred hitese Da
Supervisory U.S. Probation Officer
Reviewed by l
plug; iv, Ro u i Date
Assistant U.S. Attorney .
ORDER OF COURT
I lind there is probable cause to believe the offender has violated conditions of supenrision, supported by the above affirmation
given under penalty of penury. The Court orders the issuance of a warrant. Considered and ordered this gs O/( day of
{Z;] Q , 20% and ordered filed and made a part of the records in the above case.
Tggonorable James A. Teilborgj
U.S. District Judge
Defense Counsel:
To be appointed
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