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

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United States v. Julian Garcia-Fonkee Docket N0. O0CR00964-001-PXH-SIVIM
Petition to Revoke Supervised Release
COMES NOW PROBATION OFFICER ASSISTANT Alicia R. Pineda presenting an official report
on Julian Garcia-Fonkee who was committed to the Bureau of Prisons December 11, 2000, by the
Honorable Stephen M. l\/IcNamee 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 March 9, 2005. ln addition to the general terms and conditions adopted by the court in
General Order 04-11, the offender was ordered to comply with the following special conditions:
1. If deported, you shall not re—enterthe United States without legal authorization.
2. You are prohibited from owning, maintaining or using a firearm.
Julian Garcia-Fonkee 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 Special Condition No. 1: If deported, you shall not re-enter the United
States without legal authorization.
On or about September 29, 2005, Garcia-Fonkee entered the United States without legal authorization
as evidenced by his September 29, 2005 arrest by Border Patrol at or near the Andrade, California, Port
of Entry. This arrest was subsequent to his March 9, 2005 deportation. Grade C Violation,
§7B1.1(a)(3).
Allegation B. Violation of Standard Condition No. 1: You shall not commit another federal, state
or local crime during the term of supervision.
On or about September 29, 2005, Garcia-Fonkee committed the new federal crimes of Re-entry After
Deportation, a violation of 8 USC §1326(a) & (b)(2), a class C felony, and illegal Entry, a violation of 8
USC §1325, a misdemeanor. This was evidenced by his conviction October 3, 2005, in the U.S. District
Court, Southern District of California, case no. 05-10153M, for illegal entry. He was sentenced to six
months imprisonment. Currently, he is serving his sentence at the U.S. Penitentiary located in Lompoc,
California. Grade B Violation, §'l"B1.1(a)(2).
Case 2:00—cr-00964—Sl\/Il\/I Document 19 Filed 11/04/2005 Paget of2

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U.S.A. v. Julian Garcia—Fonl<· ’ 0
Docket No. OOCRO0964-001-PXH-SMIVI _
October 28, 2005 ’
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 violated conditions of supervision, I am petitioning the Court to issue a warrant.
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Alicia R. Pineda, Date
U.S. Probation Officer Assistant
R viewed by
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Lori A. Wantland Date
Supervisory U.S. Probation Officer
Rev' wed by
, J-¢f“ // Q?-L’0J/i
As istan .5. 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 u der penalty of p rjury. The Court orders the issuance of a warrant.
Considered and ordered this 3 day of 20¤g' and ordered filed and
made a part of the records in the above case.
The onorable Stephen M. McNamee,
Chief U.S. District Judge
Defense Counsel:
Jim Metcalf
217 South Second Avenue
Yuma, Arizona 85384
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Case 2:00-cr-00964-SMM

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Case 2:00-cr-00964-SMM

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