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

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United States v. Joseph Mario Griego ill -06 UCI 26 U Elgocket No. CR 03-00785-003-PHX-DGC
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Petition to Revoke Probation
COMES NOW PROBATION OFFICER Ariel F. Palafox presenting an official report on Joseph
Mario Griego Ill who was placed on probation on February 6, 2006, by the Honorable David G. Campbell
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, 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 provide the probation ofhcer access to any requested financial information.
3. 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.
4. You shall abstain from all use of alcohol or alcoholic beverages.
Joseph Griego was convicted of Theft by a Bank Officer, in violation of Title 18 USC § 656 and 2, a Class
A Misdemeanor offense.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Cgndition No. 1: You shali not commit another federal, state, or local crime
during the term of supervision.
Griego committed the crime of domestic violence assault, in violation of Arizona Revised Statute
13-1203, on September 24, 2006. Phoenix Police Departmental report 2006-61823883, indicates
Phoenix police ofHcers arrested the defendant after his liv- in girlfriend, the victim, reported Griego
had slapped heron the right side of herface and choked her. The victim reported she and Griego
went to a comedy club and were drinking. Griego accused her of sleeping with his friend and
assaulted her. A Grade C violation §7B1.1(a)(3)
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U.S.A. v. Joseph ll/Iario Griego F · Q
Docket N0. CR 03-00785-003-PHX-DGC
October 17, 2006
B. Violation of Standard Condition No. 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 USC § 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.
Griego used cocaine. A specimen collected on August 29, 2006, revealed the presence of
cocaine. Griego admitted he snorted a line of cocaine with an acquaintance on August 26, 2006.
A Grade C violation §7B1.1(a)(3).
C. Violation of Standard Condition 19: You shall pay any monetary penalties as ordered by the Court.
You will notify the probation ofncer of any material change in your economic circumstances that
might affect your ability to pay restitution, fines, or special assessments.
Griego failed to make monthly payments towards outstanding restitution. He was to make weekly
payments of $50. Greigo last made a payment towards restitution on July 24, 2006, and has not
made a payment since then. The outstanding balance is $1,053.03. A Grade C violation
§7B1.1(a)(3).
D. Violation of Special Condition No. 1: You shall participate as instructed by the probation ofHcer
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.
Griego failed to submit to substance abuse testing ll/larch 27, April 17, and September 19, 2006.
A Grade C violation §7B1 .1(a)(3).
E. Violation of Special Condition No. 3: 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. “
Griego failed to obtain prior approval before purchasing a 1998 Dodge Intrepid for $6,800 and
entering into a financial contact to pay $200 a month for the vehicle. A Grade C violation
§?B1.1(a)(3). _
F. Violation of Special Condition No. 4: You shall abstain from all use of alcohol or alcoholic
beverages:
Griego consumed alcohol. He admitted that on the evening of July 7, 2006, he purchased a 30-
pack of canned beer and consumed 15 cans of beer. A Grade C violation §7B1.1(a)(3).
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U.S.A. v. Joseph Mario Griego F 0
Docket No. CR 03-00785-003-PHX-DGC.
October 17, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln 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.
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Ariel Palafox, Date
U.S. Probation Officer _
Reviewed by O
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Fred Chilese I Date
Supervisory U.S. Probation Officer
Rev' ed by
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iel R. rake Date
As istant 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 p rju The Court orders t e issuance of a warrant.
Considered and ordered this Q day of , 20 iop and ordered tiied and
made a part of the records in the above case.
The Honorable David G. Campbell,
U.S. District Judge
Defense Counsel;
Donna L. Elm
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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