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

P_Prob12.lrm v
‘· is¤v.*i2r¤4> • - A- • A FILED _i.ooei;o
___ RECEIVED _ COPY
UNITED STATES DISTRICT CO RT
for FEB ·· 2 ZUU7
DISTRICT OF ARIZONA Cl-l"iQ§TgIgT¤§gBJg&gS:RT
ff DEPUTY
United States v. Jason San Diego Docket No. CR-02-00958-001-PHX——SRB
Petition to Revoke Supervised Release / T
COMES NOW PROBATION OFFICER Pascual Llnarez presenting an official report on Jason San
Diego who was committed to the Bureau of Prisons on February 9, 2004, by the Honorable Susan R.
Bolton presiding inthe District Court ofArizona. A 36—month period of supervised release was imposed,
and supervision commenced upon the offender's discharge from imprisonment on July 29, 2005.
On December 7, 2005, supervised release violation proceedings were initiated. On December 23, 2005,
the offender was found in violation as alleged and reinstated to the original term of supervised release.
In addition to the general terms and conditions adopted bythe 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 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 direction of the probation officer.
3. You shall participate in sex offender treatment as directed by the probation officer and submit to
risk assessment, including physiological testing, which may include but is not limited to polygraph,
plethysmograph and/or ABEL Assessment. You shall contribute to the cost of treatment in an
amount to be determined by the probation officer.
4. You shall reside in a residence approved, in advance, by the probation officer. Any changes in
the residence must be pre-approved by the probation officer.
5. You shall not have contact with children under the age of 18 without prior written permission of
the probation officer and shall report any unauthorized contact immediately to the probation
officer.
6. You shall not contact the victim, nor the victim's family, except Carissa Brown without prior
permission from the probation officer and the probation officer will verify compliance.
7. You shall not possess any form of pomography, sexually stimulating or sexually oriented material
as deemed inappropriate by the probation officer and/or treatment staff. You shall not enter any
location where pornography or erotica can be accessed, obtained or viewed.
8. You are restricted from engaging in ay occupation, business or profession where you have access
to children without prior written permission of the probation officer.
Case 2:02-cr-00958-SBB Document 90 Filed O2/O2/2007 Page 1 of 4

. Page 2
U.S.A. v. Jason San Diego • ` O
Docket No. CR-02-00958-001-Pl-IX-SRB
January 25, 2007
9. You shall register with the state sex offender agency in any state where you reside, are employed,
carry on a vacation or are a student, as directed by the probation officer.
10. You shall maintain appropriate outer clothing in the home or places where others might view you
or be present.
11. You shall not possess or use a computer with access to any "on-line computer service" at any
location (including place of employment) withoutthe priorwritten approval of the probation officer.
This includes any Internet Service Provider, bulletin board system or any other public or private
network or e—mail system.
12. You shall not utilize any sex-related adult telephone numbers. The probation officer will verify
compliance through the submission of personal or business telephone records.
13. 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.
14. You shall abstain from all use of alcohol or alcoholic beverages.
15. You shall reside and participate in a community corrections center for 120 days, i.e. BSSW
Tucson, unless discharged earlier by the probation officer.
On December 19, 2006, a violation report was submitted advising the Court the offender was in violation
of supervised release. An unfavorable modification was requested to address the violation behavior and
the Court concurred ordering the following additional special condition:
16. You shall reside and participate in a residential re-entry center for up to 180 days, unless
discharged earlier by the probation officer.
Jason San Diego was convicted of Count Four: CIR - Sexual Abuse of a Minor, in violation of 18 U.S.C.
§§ 1153, 2243(a), and 2246(2)(A), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition Number 1: You shall participate as instructed by the
probation officer in a program ofsubstance 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.
San Diego failed to participate in a program of substance abuse by failing to submit urine samples
for testing at the U.S. Probation Office on October 27, 31, November 9, 13, 21, and December
4, and 27, 2006, as well as on January 4, and 12, 2007. Grade C violations. § 7B1.1(a)(3).
Case 2:02-cr-00958-SRB Document 90 Filed 02/02/2007 Page 2 of 4

. Page 3
U.S.A. v. Jason San Diego O ` ` •
Docket No. CR-02-00958—O01—PHX-SRB
January 25, 2007
B. Violation of Special Condition Number 3: You shall attend a sex offender treatment
program as approved by the probation officer. Treatment may include physiological testing
such as plethysmography and ABEL Assessment. You shall abide by the poiicies and
procedures of the program. You shall contribute to the cost of treatment in an amount to
be determined by the probation officer.
San Diego failed to participate in sex offender treatment through A.J. and Associates in Yuma,
Arizona, as evidenced by his unsuccessful discharge from the program on October 23, 2006.
Grade C violation. § 7B1.1(a)(3).
C. Violation of Special Condition Number 14: You shall abstain from all use of alcohol or
alcoholic beverages.
San Diego consumed alcoholic beverages on July 7, 2006, as evidenced by his signed written
admission. Grade C violation. § 7B1 .1(a)(3).
D. Violation of Special Condition Number 16: You shall reside and participate in a residential
re-entry center for 120 days, unless discharged earlier by the probation officer.
San Diego failed to reside and participate in a residential re-entry center (New Beginnings
Treatment Center, lnc.). He was accepted into the program on January 16, 2007, but he failed
to show. Grade C violation. § 7B1.1(a)(3).
E. Violation of Standard Condition Number 8: 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 U.S.C. § 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.
San Diego used amphetamine/methamphetamine on July 7, 2006, as evidenced by Rapid Drug
Screen urinalysis results and his signed written admission. Grade C violation. § 7B1.1(a)(3).
Case 2:02-cr-00958-SBB Document 90 Filed O2/O2/2007 Page 3 of 4

. Page 4 _
U.S.A. v. Jason San Diego 0 ` 0
Docket No. CR-02-00958-001-PHX-SRB
January 25, 2007
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.
41%-··\ /g;L5'gug
P scual Linarez Date
U.S. Probation Officer
' ed by
,5/A elardo R. Colores Date
Supervisory U.S. Probation Officer
Re wed by
Q é{!»¤~f"' ;;0?7;0 2
Dat
Assistan 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 per' he Court orders the issuance of a warrant.
Considered and ordered this | day of §·· , 20m and ordered filed and
made a part of the records in the above case.
The Honorable Susan R. golton
U.S. District Judge
V if ri I ru are
Defense Counsel:
021 I-ri Z— EEA ;
Douglas Andrew Passon (AFPD)
850 W. Adams Street g __ _
Suite 201 anim lliaia.ea ,
Phoenix, Arizona 85007 Mi 5 I'?
Case 2:02-cr-00958-SRB Document 90 Filed O2/O2/2007 Page 4 of 4

Case 2:02-cr-00958-SRB

Document 90

Filed 02/02/2007

Page 1 of 4

Case 2:02-cr-00958-SRB

Document 90

Filed 02/02/2007

Page 2 of 4

Case 2:02-cr-00958-SRB

Document 90

Filed 02/02/2007

Page 3 of 4

Case 2:02-cr-00958-SRB

Document 90

Filed 02/02/2007

Page 4 of 4