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

U __ FILED LODGED
__ RECEIVED 00PY
FEB 1 il O 1 2008
ct.Em< u s DISTRICT COURT
P.P~¤12-tm DISTRICT 0r= ARIZONA
(nav. I2/04) BY DEPUW
UNITED STATES DISTRICT COURT
for
DISTRICT OF ARIZONA
United States v. Derwin LEWIS Docket No. 0970 2:02CR00924·001·PHX-RGS
Petition to Flevoke Supervised Release
COMES NOW PROBATION OFFICER Edward J. Martin Jr. presenting an official report on Denuln Lewis who was
committed to the Bureau of Prisons on December 12, 2005, by the Honorable Roger G. Strand presiding in the District Court
of Arizona. A 36·month period of supenrised release was imposed, and supervision commenced upon the offenders discharge
from imprisonment on August 28, 2006. ln addition to the general terms and conditions adopted by the coun, 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 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 policies and procedures
of the program. You shall contribute to the cost of treatment in an amount to be determined by the probation officer.
t 4. You shall submit to periodic polygraph testing as approved by the probation officer as a means to detemtine
compliance with the requirements ol your therapeutic program. No violation proceedings will arise solely on the results
of a polygraph examination or a valid Fifth Amendment refusal to answer a polygraph question.
5. 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.
6. You shall register with all state and tribal sex offender agencies in any state where you reside, are employed, carry on
a vocation, or are a student, as directed by the probation officer.
7. You shall not be in the company of or have contact with children under the age of 18 without prior approval of the
probation officer. Contact includes, but is not limited to, letters, communication devices, audio or visual devices, visits,
or communication through a third party. You shall immediately report any contact to the probation officer.
Case 2 :02-cr-00924-ROS Document 98 Filed 02/1 1 /2008 Page 1 of 3

. léagg 2 • •
` U.S.A. v. Dervvin LEWIS
Docket No. 0970 2:O2CRO0924-001-PHX-RGS
February 8, 2008 ·
8. You shall not directly or indirectly contact the victim or the victim's family without prior approval of the probation officer.
Indirect contact includes, but ls not limited to, letters, communication devices, audio or visual devices, or communication
through a third party. You shall immediately report any contact to the probation officer.
9. You shall not contact the following victim(s), Shereen Lewis, and the probation officer will verify compliance. Indirect
contact includes, but is not limited to, letters, communication devices, audio or visual devices, or communication
through a third party. You shall immediately report any contact to the probation officer.
10. You shall abstain from all use of alcohol or alcoholic beverages.
11. You shall cooperate in the collection of DNA as directed by the probation officer.
12. You shall reside and participate in a residential re-entry center for 180 days, unless discharged earlier by the probation
officer. (Added by waiver and Order August 10, 2007; February 16, 2007; and September 1, 2006)
Demin LEWIS was convicted of two counts of Abusive Sexual Contact, both Grade C felonies.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
A. Violation of Special Condition Number 12: "You shall reside and participate in a residential re·entry center for 180
days, unless discharged earlier by the probation offlcer." This is a Grade C violation §7B1.1(a)(3)
On February 7, 2008, Lewis was unsuccessfully discharged from New Beginnings Treatment Center for repeated
violations of facility rules. On January 31,2008, Lewis was off his approved itinerary. While his location was tracked
by a GPS unit, whom he contacted and what he did is unknown. On February 4, 2008, Lewis was again off his
approved itinerary. Lewis' movements were again tracked by GPS and showed he went to one approved location, then
traveled to a location not on his itinerary. Lewis later stated he went to a Carl's Junior Restaurant for food, however,
this is unverifiable. On February 6, 2008, Lewis retumed to the facility following treatment. A routine check for
contraband was initiated by staff. Lewis refused to lift his pant’s leg so it could be checked. Lewis than called the staff
member a “bitch.” Due to this accumulated conduct, his placement was terminated by facility director, Kris Southards.
Case 2 :02-or-00924-ROS Document 98 Filed 02/1 1 /2008 Page 2 of 3

i · Qagg 3 O 0
U.S.A. v. Semin LEWIS
Docket No. 0970 2:O2CFiOO924—0O1—PHX—RGS i
izebruery 8, 2008
AFFiDAViT AM! PETiTi0i~i PRAYQQG THAT THE COURT WILL ORQER A WARRANT BE ISSUED
in conformance wiih me provision oi 28 0.8.0. § $746, I deciere, under psrrsiiy of periory, tiiai the foregoing is true and correct
to the best of my krrowlecige. Based on the information presented ther the offeoder has isolated conditions of supervision, i
em peiitiooirig the Court io issue a warreoi.
is i oegss/sees
Edward J. srtin Jr., Baie A
Senior 8.3. Probation Officer 4
Reviewed by
Q é Q ··· ··r· geese Q
Hsvid J. Oeeiietie Gets
Supervisory U.S. Probation Officer
Reviewed by 5
J if y . { r‘;,;_,~·#“ // — 4; s‘.~ 5*/
arms C Greer Elsie
M Assistso U.S. Attorney
ORDER OF COURT
i find there is probebie cause io beiieve the oiiender hes vioietsd conditions of supervision, supported bythe eb rr gfimeiioo
gi ugder penalty oi periury. The Court orders the issuance of e irrerrsrii. Considered and ordered this 2 I dey oi
E; AW I R; , QOQK end ordered iiisd and made a peri of the records in the above cess.
F0/gee Henerobis Rogér G. Strand,
snior U.S. iliistriot dodge
Defense Counsei: A
George F. Kiink
45 W. Jefferson, Suite 810
Phoenix, Arizona 856032317
(602} 253-3888
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