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

P_Prob12.frm
(Rev. 12/04) ;
___ FILED _ LODGED
UNITED STATES DISTRICT COU ’ “E°E'VE” —— COPY
for JUN 1 8 2007
DISTRICT OF ARIZONA
cI.EI=II< u s DISTRICT COURT
DISTRICT OF ARIZONA
BY DEPUTY
United States v. Adam Wade Berdeaux Docket No. 03 · • • . . • • - — - · l
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Petition to Revoke Supervised Release g
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COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on Adam
Wade Berdeaux who was committed to the Bureau of Prisons on October 25, 2004, by the Honorable
Neil V. Wake 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 December
6, 2006. 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 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 based on reasonable suspicion of contraband or
evidence of violation of a condition of release. 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 not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
4. You shall abstain from all use of alcohol or alcoholic beverages.
Adam Wade Berdeaux was convicted of Felon in Possession of a Firearm, a Class C felony in violation
of 18 USC §§ 924(g)(1) and 924(a)(2). He was sentenced to 37 months in prison.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 3: "You shall report to the Probation Office as directed by
the Court or probation officer, and shall submit a truthful and complete written report
within the first five days of each month."
On April 10, 2007, Berdeaux was directed to report to the probation office on May 23, 2007. As
evidenced by the testimony of the probation officer, he failed to do so. Grade C violation.
§7B1.1(a)(3).
Case 2:03-cr-00766-NVW Document 45 Filed 06/18/2007 Paget of3

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U.S.A. v. Adam Wade Berdeaty "J
Docket No. 03CR00766-001-PHX—NVW
June 8, 2007
B. Violation of Standard Condition 4: "You shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation officer."
On April 30, 2007, during a telephone conversation at approximately 10:30 a.m., Berdeaux was
verbally directed by the probation officer to report to the office no later than 4:00 p.m. that day in
order to submit to drug testing. As evidenced by the testimony of the probation officer Berdeaux
failed to report as directed. Grade C violation. §7B1 .1(a)(3).
C. Violation of Standard Condition 7: "You shall notify the probation officer at least ten days
prior to any change of residence or employment."
On or about April 30, 2007, the probation officer was advised by Berdeaux's girlfriend that he had
moved out of her residence. Berdeaux failed to notify the probation officer ofthe change. Grade
C violation. §7B1.1(a)(3).
D. Violation of Special Condition 1: "You shall participate as instructed by the probation
officer in a program ofsubstance abuse treatmentwhich may include testing for substance
abuse. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer."
Berdeaux was directed to begin drug testing through the TASC color line on December 20, 2006.
He was assigned the color purple. When purple was called on December 26, 2006, and March
9, 2007, Berdeaux failed to submit to drug testing. On May 3, 2007, his color was changed to
gold. When gold was called on April 12, April 25, and May 16, 2007, Berdeaux failed to submit
to drug testing. Grade C violation. §7B1 .1(a)(3).
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U.S.A. v. Adam Wade Berdeat}7 "J
Docket N0. 03CR00766-001-PHX—NVW
June 8, 2007
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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Eliza h P. Simons Date
Senior U.S. Probation Officer
R viewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
R ` wed by \
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ichae A. L Date
Assistant U.S. Attorney
ORDER OF COURT
l find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given u%I$;\penaIty of Serjury. The Court orders the issuance of a warrant.
Considered and ordered this I day of U ¤[ , 20 69 2 and ordered filed and
made a part of the records in the above case.
The Honorable Neil V. Wake
U.S. District Judge
Defense Counsel:
l\/lichael S. Ryan
45 West Jefferson Street
Suite 206
Phoenix, Arizona 85003
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