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


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Date: June 28, 2006
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State: Arizona
Category: District Court of Arizona
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FILED _______uo¤eE¤
. UNITED STATES DISTRICT CO Ril"‘F°E'*’E¤ —¤¤PY
for JUN 2 7 2008
DISTRICT OF ARIZONA
cuai=ii< u s DISTRICT counr
BY DISTRIGTGFARIZONA
United States v. Juan GARCIA-AGUILAR Docket No. 0 ` "='="‘"·=‘·=···‘·=·- '*•·W·
Petition to Revoke Supervised Release [
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Pineda presenting an official report
on Juan GARCtA—AGLlILAR who was committed to the Bureau of Prisons June 24, 2002, by the
Honorable Stephen M. McNamee presiding in the District Court of Arizona. A 36—month period of
supervised release was imposed, and supervision commenced upon the offender's discharge from
imprisonment May 9, 2006. In addition to the general terms and conditions adopted by the court, 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.
2. You are prohibited from owning, maintaining or using a firearm.
3. You shall support your children.
Juan GARCIA-AGUILAR was convicted of Illegal Re-entry After Deportation, a violation of 8 USC
§1326(a) & (b)(2), a Class C felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Allegation A. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
On or about June 9, 2006, Garcia-Aguilar committed the new federal offenses of Attempted Re-entry
After Deportation and Re-entry After Deportation, both violations of 8 USC §1326(a) & (b)(2) and
felonies. This was evidenced by the two-count complaint filed June 12, 2006, inthe U.S. District Court,
District of Arizona, Phoenix, case no. 06-2298M. Court proceedings are pending. Grade B Violation,
§7B‘i .1 .(a)(2).
Allegation B. Violation of Special Condition No. 1: lf deported, you shall not re-enter the United
States without legal authorization.
On or about June 9, 2006, Garcia—AguiIar entered the United States without legal authorization. This was
evidenced by his June 9, 2006 arrest by Border Patrol at or near the San Luis, Arizona, Port of Entry.
This arrest was subsequent to his May 10, 2006 deportation. Grade C Violation, §7B1.1(a)(3).
Case 2:02—cr—00371—SMM Document 21 Filed 06/27/2006 Page 1 of 2

. Page 2
i· U.S.A. v. Juan GARCIA-AGUQR
Docket No. 02CR00371-001-PHX-Sh/IM
June 19, 2006
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 petitionlng the Court to issue a warrant.
Qggz;/§é
Alicia R. Pineda, Date
U.S. Probation Officer Assistant
R, wed by
o ` . I Jl ob
Lori A. Wantland Date
Supervisory U.S. Probation Officer
Re wed by
’ érae/‘" é {.2 3 46 49
Assistan U.S. Attorney Date
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 32 day of , 2006 and ordered filed and
made a part of the records in the above case.
The Honorable Stephen M. Mchlamee,
U.S. District Judge
Defense Counsel:
Bruce Yancey
1886 South Eighth Avenue
Yuma, Arizona 85364
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