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

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Fl I ` ` L I I
Receivers ___ cor=v
Aus 0 s 2000
r·_r>am.¤m CLERK u s orsmrcr COURT I
rear. 12:04) ~ nr 1; OT OF ARIZONA I
BY DEP I
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UNITED STATES DISTRICT COURT ·
for
DISTRICT OF ARIZONA p
United States v. Derwin LEWIS Docket No. 0970 2:02CR00924»001·PHX·ROS
Petition to Revoke Supervised Release ‘_ S I D I
i
COMES NOW PROBATION OFFICER Edward J. Marlin Jr. presenting an offlclal report on Derwin Lewis who following
revocation of supervised release was committed to the Bureau of Prisons on March 17, 2008, by the Honorable Roslyn O.
Silver presiding In the District Court of Arizona. A 36-month penod of supervised release was imposed, and supervision I
commenced upon the offenders discharge from imprisonment on March 17, 2008. ln addition to the general temrs and
conditions adopted by the court, the offender was ordered to comply with the following special conditions: I
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 I
the probation ofncer. I
2. You shall submityour person, properly (including but not limited to computer, electronic devices, and storage media), A
residence. office, or vehicle to a search conducted by a probation officer, at a reasonable time and in a reasonable
manner. I
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.
4. You shall submit to periodic polygraph testing as approved by the probation officer as a means to determine
compliance with the requirements of 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 reglsterwlth 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. I
7. You shall not be In the company of or have contact 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 offcer.
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U.S.A. v. Derwin LEWIS
Docket No. 0970 2:02CR00924-00‘l·PHX·ROS
August 5, 2008
8. You shall notdlrectlyor indirectly contact the victim or the victim's family without prior approval ofthe probation ofhcer.
Indirect contact includes, but ls not limited to, letters, communication devices, audio or visual devices, orcommunlcation I
through a thlrd party. You shall immediately report any contact to the probation officer.
9. You shall not contact the following victimls), 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 thlrd party. You shall immediately report any contact to the probation officer.
10. You shall abstain from all use of alcohol or alcoholic beverages. y
11. You shall cooperate in the collection of DNA as directed by the probation oiricer.
12. You shall reside and participate in a residential reentry center for 180 days, unless discharged earlier by the probation
officer. i
Denrrin LEWIS was convicted of two counts of abusive sexual contact, both Class C felonies.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
A. Wolatlon of Special Condition Number 12: " You shall reside and participate In a residential re·entry center for 180 I
days, unless discharged earlier by the probation officer. “ This ls a Grade C violation §7B1.1(a)(3)
Lewis was placed at New Beginnings Treatment Center March 26, 2008. On July 29, 2008, Lewis left New Beginnings
Treatment Center without permission. His present whereabouts is unknown. 2
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U.S.A. v. Darwin LEWIS
Docket No. 0970 2:02CR00924·001-PHX-ROS
August 5, 2008
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
ln conformance with the provision of 28 U.S.C. § 1746, l declare, under penalty of pefllw. that the foregoing ls true and correct
to the best of my knowledge. Based on the infomation presented that the offender has violated conditions of supervision, I
iss s r..,,,,,,_

Edward J. Martin Jr., Date
Senlor U.S. Probation Officer

Davld J. Ouellette Date
Supervisory U.S. Probation Officer
ORDER OF COURT
I had there ls probable cause to believe the offender has violated conditions of supervision, supported by the above afnrrnation
g en under penalty of perjury. The Court orders the issuance of a vranant. Considered and ordered this _g_day of
4, .. 203§_ and ordered filed and made a part of the records in the above case.
° r
T = ,· orable Roslyn O. Silver,
Vu. E 3 retract Judge
Defense Counsel:
Darius lvl. Nickerson
3033 N Central Ave
Ste 555
Phoenix , AZ 85012
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