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


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Date: March 16, 2006
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT C UR I
for MAR ,1 5 2005
DISTRICT OF ARIZONA stair ti S DIS`l'HiCi"
DISTRICT OF aitizowil l i
BY
United States v. Antonio Bustos-l\/iota Docket No. 02CR00939-001-Pl-IX-PGR
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Pineda presenting an official report
on Antonio Bustos-it/iota who was committed to the Bureau of Prisons February 10, 2003, by the
. Honorable Paul G. Rosenblatt presiding inthe District Court of Arizona. A 36—month period of supervised
release was imposed, and supervision commenced upon the offender's discharge from imprisonment
December 31, 2003. In addition to the general terms and conditions adopted by the Court in General
Order 05-36, the offender was ordered to comply with the following special conditions:
1. If deported, you shall not re-enter the United States without legal authorization.
Antonio Bustos-l\/Iota was convicted of Illegal Re-entry After Deportation, a violation of 8 USC §1 326(a)
& (b)(2), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Special Condition No. 1: If deported, you shall not re-enter the United
States without legal authorization.
On or about January 22, 2005, Bustos-li/Iota re—entered the United States without legal authorization as
evidenced by his arrest on January 22, 2005, bythe Peoria, Arizona Police Department. This arrest was
subsequent to his December 31, 2003 deportation. Grade C Violation, §7B1.1(a)(3).
Allegation B. Violation of Special Condition No. 1: If deported, you shall not re-enter the United
States without legal authorization.
On or about January 30, 2006, Bustos-lvlota re-entered the United States without legal authorization as
evidenced by his arrest January 30, 2006, by the Phoenix Police Department. This arrest was
subsequent to his February 7, 2005 deportation. Grade C Violation, §7B1.1(a)(3).
Allegation C. Violation of Standard Condition No. 1: Youshail not comhiit another federal, state
or local crime during the term of supervision.
On or about January 22, 2205, Bustos-Nlota committed the new state crimes of two counts forgery, theft
of means of transportation and resisting arrest. A four—count complaint filed January 25, 2005, in the
lvlaricopa County Superior Court, Phoenix, case no. 2§3Q5-048099-001-,DT_,gharged him with two counts
Forgery, both violations of ARS 13-2002, class 4 felonies, Theft of lVl‘ea‘ns‘*o‘f Transportation, a violation
of 13-1814, a class 4 felony, and Resisting Arrest, a violation of ARS 13-2508, a class 6 felony. Court
proceedings are pending. Grade B Violation, §7B1.1(a)(2).
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Page 2
U.S.A. v. Antonio Bustos-Mot.;
Docket No. 02CR00939-001-PHX—PGR
March 7, 2006
Allegation D. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
On or about October 1, 2005, Bustos-I\/Iota committed the new state crimes of aggravated assault. A
two—count indictment filed January 31, 2006, in the Maricopa County Superior Court, Phoenix, case no.
2006-005305-001-DT, charged him with two counts of Aggravated Assault, both violations of ARS 13-
1203 and 1204, and felonies. Court proceedings are pending. Grade A Violation, §7B1.1(a)(1).
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
I- 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.
-..4
Alicia R. Pineda, Date
U.S. Probation Officer Assistant o
R viewed by I _ W ,
Lori A. Wantland Date
Supervisory U.S. Probation Officer
Rev'ewed by ‘
Eg 3.{0(¢
L a Sett I 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 perjury. The Court orders the issuance of a warrant.
Considered and ordered this xg/g' day of ;@£· -- . 20% and ordered filed and
made a part of the records in the above case.
Q E S §#zgg.e%.___.e..Q`
The Honorable Paul G. Rosenblatt, gy gi ,
Sr. U.S. DistrictJudge "L“‘“fr* ``”‘ · ·i’‘ ’**"·*· " Lf
Defense Counsel: wifi Ti EEA
Gregory A. Bartolomei 3
eso West Adams Street, Site 201 F- r·t·i*r~’f>i~¤·—»
Phoenix, Arizona 85007
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