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

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United States v. JOHN LUNGHOFER Docket No. 02CR00926-01-PHX-ROS
Petition to Revoke Supervised Release i ·’”
COMES NOW PROBATION OFFICER Adelina Bustamante presenting an official report on JOHN
LU NG HOFERwho was committed tothe Bureau of Prisons on June 2, 2003, bythe Honorable Frederick
J. l\/lartone presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offenders discharge from imprisonment on December
8,2004. 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 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.
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 abstain from all use of alcohol or alcoholic beverages.
6. You shall not associate with any persons convicted of a felony or engaged in criminal activity, to
include Tanya Perez, without prior approval from the supervising probation officer.
JOHN LUNGHOFER was convicted of Inmate in Possession of Contraband while in Prison, a Class C
Felony, in violation of 18 USC §1791(a)(2) and (b)(1) and (d)(1)(C).
On ll/lay 9, 2005, a petition to revoke was initiated and on May 16, 2005, a warrant was issued for
Lunghofer's arrest. On June 20, 2005, the Court ordered that the petition and all future proceedings
pertaining to case number CR02—0925-PHX—FJ|Vl, be transferred to the Honorable Roslyn O. Silver.
On July 15, 2005, l.unghofer's supervised release was revoked and he was sentenced to 4 months BOP,
with 32 months of supervised release to follow, and to run concurrent with sentence imposed in CR00—
1205-PHX-ROS. lt was further ordered that the special conditions previously imposed be ordered, in
addition to: "You shall participate in a community corrections center at Behavioral Systems Southwest
for up to six months after release from imprlsonment."
Case 2:02-cr—00926—ROS Document 62 Filed 12/20/2005 Page 1 of 3

Page 2
U.S.A. v. JOHN LUNGHOFERKJ
Docket N0. 02CR00926-01-PHX-ROS
December 6, 2005
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Special Condition #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 office."
On September 29, 2005, Lunghofer was directed to begin submitting to random urine testing, beginning
October 6,2005. Lunghofer has failed to submit to random urine testing on the following dates: October
17, October27, November 3, November7, November 16, November 23, and December 1, 2005. Grade
C violation.
B. Violation of Special Condition directing Lunhofer to "participate in a community corrections
center at Behavioral Systems Southwest for up to six months after release from imprisonment."
Due to the lack of bed space available at Behavioral Systems Southwest, on September 29, 2005, this
ofhcerdirected Lunghoferto enter Stepshouse/Centerfor Healing. As Lunghoferfailed to readily do this,
on November 7, 2005, he was mailed a certified letter directing him to enter the facility by November 15,
2005. On November 14, 2005, Lunghofer reported he was "making his way to the program." Lunghofer
failed to enter the program as directed. Grade C violation.
C. Violation of Standard Condition #9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance...possession of a controlled substance will
result in mandatory revocation of your term of supervision."
On November 14, 2005, Lunghofer was questioned about his failure to submit to random urine testing.
When asking him to provide an explanation, his response was " same as last time." This officer noted
how on his prior term of supervision he had been using drugs. This officer asked the last time he had
used drugs and he reported it was Saturday (November 12, 2005). Grade C violation.
D. 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 September 29, 2005, he was provided with monthly report forms and instructed to mail these in on
a monthly basis. Lunghofer has failed to submit monthly report forms for the months of October, and
November 2005. Grade C violation.
Case 2:02-cr—00926—ROS Document 62 Filed 12/20/2005 Page 2 of 3

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U.S.A. v. JOHN LUNGHOFERNW wt
Docket N0. 02CR00926-01-PHX-ROS
December 6, 2005
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, I am petitioning the Court to issue a warrant.
r ‘`'. (IMM 4%/ /2 ‘ 17 "O‘{-
elina Bustamante, Date
enior U.S. Probation Officer
Reviewed by
· · ,1/W zz »7»o5’
i Wantland Date
Supervisory U.S. Probation Officer
Rev' wed by
_- .-/'
· g//2/we
rt M. Itman 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 ` erjury. The Court orders the issuance of a warrant.
Considered and ordered this g Kp day of . 20gQS and ordered filed and
made a part ofthe records inthe above case.
(Q ,, Qgl
The o orabl oslyn O. Silver
U.S. District Judge
Defense Counsel:
Jane L. |\/lcC|eIIan
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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