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

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United States v. Roderick Rudy FRENCH Docket No. 03CR00544-001-PHX-D¤GC
Petition to Revoke Supervised Release ,-ea, ._ . .
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COMES NOW PROBATION OFFICER Myra B. Roper presenting an official report on Roderick
Rudy FRENCH who was committed to the Bureau of Prisons on January 26, 2004 by the Honorable
David G. Campbell 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
November 10, 2005. In addition to the general terms and conditions adopted by the court in General
Order 99-9, 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 person, property, vehicles, business, and residence to be conducted
in a reasonable manner and at a reasonabie time by, or at the direction of, the probation officer.
3. You shall provide the probation officer 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 complete 250 hours of community service at the rate of not less than 10 hours per
month as approved and directed by the probation officer, to be completed within 90 days of
expiration of supervision.
6. You are prohibited from owning, maintaining or using a firearm.
7. You shall abstain from all use of alcohol or alcoholic beverages.
Roderick Rudy FRENCH was convicted of Unlawful Possession of an Unregistered Short-Barreled
Shotgun, a Class C felony, a violation of 26 USC §5861(d).
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U.S./-\. xi. Roderick Rudy FRENR4
Docket No. 03CR00544-001-PHX-DGC
March 8, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of StandardCondition No. 8: "You shall refrain from excessive use of alcohol and
shall not purchase, possess, use, distribute or administer any narcotic or other controlled
substance, or any paraphernalia related to such substances, except as prescribed by a physician.
Possession of controlled substances will result in mandatory revocation of your term of
supervision. lf ordered by the Court to participate in a drug andlor alcohol abuse treatment
program, you shall totally abstain from the use of any alcoholic beverages or other intoxicants
during and after the course of your treatment."
The defendant used cocaine as evidenced by a Drug Test Report from Kroll fora urine sample submitted
on January 18, 2006. Grade C violation, 7B1.1(a)(3).
B. Violation of Special Condition 7: "You shall abstain from all use of alcohol or alcoholic
beverages."
The defendant consumed alcohol on December 8, 2005, as evidenced by the Arizona Department of
Public Safety, Scientific Examination Report# 05030656 which reflects a blood alcohol content of .225%.
Grade C violation, 7B1.1(a)(3).
C. Violation of Special Condition 7: "You shall abstain from all use of alcohol or alcoholic
beverages."
The defendant consumed alcohol on January 10, 2006, as evidenced bythe testimony of SrUSPO Roper
and the defendant's verbal admission. Grade C violation, 7B‘l.1(a)(3).
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UTS.A. vi. Roderick Rudy FRENIVI wi
Docket No. 03CR00544-001-PHX-DGC
I\/Iarch 8, 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, 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, I am petitioning the Court to issue a warrant.
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Myra B. Roper, Da e
U.S. Probation Officer
Re iewed by
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Lori A. Wantlancl Date
Supervisory U.S. Probation Officer
Re ewed by
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F ederi A. Battista 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 un$r penalty of Serjury. The Court orders the issuance of a warrant.
Considered and ordered this day of ol. , 20 04- and ordered filed and
made a part of the records in the above case.
The Honorable David G. Campbell, Z ii QGQ
U.S. District Judge
Defense Counsel:
Mark A. Paige
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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