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

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UNITED STATES DISTRICT C •i R'IAPR I “ 2007
for GEEK U S DISTRICT oourrr
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DISTRICT OF ARIZONA BY ry _ DEPUTY
United States v. Gerald Vargas Docket N0. 02CR00399—002-PHX-EHC
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Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER Alberto Romero presenting an official report on Gerald
Vargas who was committed to the Bureau of Prisons on February 24, 2003 by the Honorable Earl H.
Carroll presiding in the District Court of Arizona. A 36-month period of supervised release was imposed,
and supervision commenced upon the offenders discharge from imprisonment on March 18, 2005. In .
addition to the general terms and conditions adopted by the court, the offender was orderedto 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. ___
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A 2. You shall submit to search of person, property, vehicles, business, and residence to be eonducted
, in a reasonable manner and at a reasonable time by, or at the directiojirof, the, probat@n officer.
i 3. You shall participate in a mental health program as directed by the p£o.batio;g_jofficer·yvh1t:h may
A include taking prescribed medication. You shall contribute to the costiof treatment in _a;jf_emount
to be determined by the probation officer. gg ‘ i __»_ is
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4. You are prohibited from owning, maintaining or using a firearm. 5%
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5. You shall abstain from all use of alcohol or alcoholic beverages.
6. Upon release from custody, you shall seek and obtain verifiable employment and not change your
place of employment without prior approval by your probation officer.
Gerald Vargas was convicted of violating 26 USC §§ 5861(d) and 5871, Possession of an Unregistered
Destructive Device, a Class C Felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A: Violation of Standard Condition No. 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."
The defendant failed to report as directed to the Probation Office on November 1, 2006 and failed to
submit written reports for September, October, November, and December 2006. Additionally, he failed
to submit written reports for January and February 2007.
Pursuant to®??l ?1¤@a?)i<2l),0fPrf>§’i?l.;latt§}adé¥Jeerl5iant>H30 Filed 04/10/2007 Paget ef 3

W Page 2 l
° U.S.A. v. Gerald Vargas • O
Docket No. 02CROO399-002-PHX-EHC
March 29, 2007
Allegation B: Violation of standard condition 7: "You shall notify the probation officer at least 10
days prior to any change of residence or employment."
On or about March 20, 2007, the defendant moved without notifying the probation office of his change
of residence.
Pursuant to §7B1 .1(a)(3), this is a Grade C violation.
· Allegation C: Violation of standard condition 8: "You shall refrain from the use of alcohol and
shall not purchase, possess, use, distribute or administer any narcotic or other controlled
substance, or any paraphernalia related to such substances, except as prescribed by a physician.
Possession of controlled substances will result in mandatory revocation of your term of
supervision."
On or about March 7, 2006, the defendant used cocaine as evidenced by awritten admission and a urine
specimen submitted by him on the same date, which tested positive for cocaine. On or about May 24,
2006, the defendant used methamphetamine as evidenced by a urine specimen submitted by him on
the same date, which tested positive for methamphetamine. On June 7, 2006, the defendant admitted
to this drug usage and signed a written admission. On or about December 21, 2006, the defendant used
i methamphetamine as evidenced by a urine specimen submitted by him on the same date, which tested
i positive for methamphetamine.
Pursuant to §7B1 .1(a)(3), this is a Grade C violation.
Allegation D: Violation of Special Condition No. 1: "The defendant 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."
The defendant has failed to participate in substance abuse testing. On February 1, 2006, the defendant
was referred to TASC for drug testing. He failed to comply with the drug testing program by failing to
submit urine specimen drops on the following dates: September 14, 2006; February 8, 2007; and March
2, 2007.
Pursuant to §7B1.1(a)(3), this is a Grade C violation. Mandatory revocation pursuant to 18 USC
§ 3583(g)(3).
Case 2:02-cr-00399-EHC Document 130 Filed O4/10/2007 Page 2 of 3 ‘

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" U.S.A. v. Gerald Vargas O
g Docket No. 02CR00399—002-PHX-EHC
March 29, 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 ' nditions of supervision, I am petitioning the Court to issue a warrant.
fi Z? a 1
Alberto Romero Date
U.S. Probation Officer
Reviewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Revi = ed by
r. .,../4.- L. é " ‘ mf ?A>»aZ#0 Z
·-¤. Da e
Assistant U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported l
by the above affirmation given under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this [Q day of , 200 Z and ordered filed and
made a part of the records in the above case.
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The Honorable Earl H. Carroll, gE$g§|ED IO EE A TRUE COPY
U.S. District Judge "—""`”"
Filci-IARD i-I. vverxat CLERK
U. S. DISTRICT c0uHT
Defense Counsel: BY g
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James C. Braden
850 West Adams Street
Suite 201
Phoenix, Arizona 85007
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