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United States v. Delson Lopez Docket No.
_ Petition to Revoke Probation K E
COMES NOW PROBATION OFFICER Andrea L. l\/lejia presenting an official report on Delson
Lopez who was placed on probation on August 4, 2003, by the Honorable Stephen M. McNamee
presiding in the District Court of Arizona. A 60-month period of probation was imposed. 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 reasonable time by, or at the discretion of the probation officer.
3. You shall provide the probation officer access to any requested financial information.
4. At the direction ofthe probation officer, you shall reside and participate in a community corrections
center for up to three months, with credit for time served. You shall comply with the rules of the
facility.
5. You are prohibited from owning, maintaining or using a firearm.
6. You shall abstain from all use of alcohol or alcoholic beverages.
7. You shall not enter the Republic of Mexico without written permission of the probation officer.
8. You shall complete 200 hours of community service as directed by the probation officer.
Delson Lopez was convicted of Transportation of Illegal Aliens, in violation of 8 U.S.C. §1324(a)(’I )(A)(ii)
and (a)(1)(B)(i), a Class C Felony Offense.
Case 2:O3—cr—OO363—Sl\/Il\/I Document 31 Filed O2/10/2006 Page 1 of 3
Page 2
U.S.A. v. Delson Lopez. Ky 4
Docket No. 03CR00363-001-PHX—S|VI|Vl
January 25, 2006
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A: Violation of Standard Condition No. 1: "You shall not commit another federal, state, or
local crime during the term of supervision."
On or about January 6, 2006, the defendant transported illegal aliens, in violation of 8 U.S.C. §
1324(a)(1)(A)(ii). Lopez was arrested after he was observed driving a vehicle with four illegal aliens.
A Grade B violation. §7B1.‘l(a)(2).
Allegation B: Violation of Standard Condition No. 1: "You shall not commit another federal, state, or
local crime during the term of supervision?
On or about August 20, 2005, the defendant possessed drug paraphernalia, in violation of A.R.S. 13-
3415(A)(1). Case reports were unavailable; however, the defendant reported he was arrested by Casa
Grande Police Department officers afterthey discovered a pipe used to smoke methamphetamine under
his seat. The offender plead guilty to the charge in Pinal County Justice court on September 9, 2005, and
was sentenced to a $1,200 fine.
A Grade C violation. §7B1.1(a)(3)(A).
Allegation C: Violation of Standard Condition No. 1: "You shall not commit another federal, state, or
local crime during the term of supervisiorr."
On or about October 2, 2005, the defendant possessed with intent to distribute eight pounds of
marijuana, in violation of 21 U.S.C. § 841 (b)(1 )(D). Case reports were unavailable; however, the
defendant reported he was driving his girlfriends carfrom the Tohono O'od ham indian Nation into Casa
Grande to meet his mother when he was pulled over by a Tohono O'odham Police Department officer
for speeding. The officer discovered eight pounds of marijuana in the back of the truck which was
packaged for individual sale. The defendant denied knowledge of the marijuana, but admitted he was
the only one in the vehicle at the time.
A Grade A violation. §7B1.1(a)(1).
Allegation D: Violation of Standard Condition No. 8: "You shall refrain from excessive use of alcohol
and shall not purchase, possess, use, distribute or administer any narcotic or other controlled
substances, 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 and/or 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."
On or about October 25, 2005, the defendant used methamphetamine as evidenced by a presumptive
positive urine test secured the same date and a written admission of drug use by the defendant.
A Grade C violation. §?'B1 .1(a)(3)(B).
Case 2:O3—cr—OO363—Sl\/Il\/I Document 31 Filed O2/10/2006 Page 2 of 3
Page 3
U.S.A. v. Delsony Lopez- iu.; .,,»·
Docket No. 03C`R0036·3-001-PHX-SI\/IM
January 25, 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.
Bl ilaslvc
Andrea L. Mejia Date
U.S. Probation Officer
Reviewed by
QLMQQ [ QZ lg @@4% @2; /,2 gg auei gg
Daniel T. Dillender Date
Supervisory U.S. Probation Officer
Re wed by
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F Oé ig 4 Q
y lliam . Solomon 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 perju . The Court orders the issuance of a warrant.
Considered and ordered this [ day of 20¢¢ and ordered filed and
made a part of the records in the above case.
The éonorable Stephen M. McNamee
U.S. District Judge
Defense Counsel:
Anne Nl. Williams
1833 E. Baseline Road, PMB 265
Gilbert, Arizona 85233-1545
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