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

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BV 0 O FiLED __ LODGED
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UNITED STATES DISTRICT C • UR`?
for AUG 0 2 2006
DISTRICT OF ARIZONA
CLERK 0 s DISTRICT COURT
DESTRIGT or Aaizoria
..I.
United States v. Javier FERNANDEZ-HERNANDEZ Docket No. 02 " " I l 85- — ' " ‘ •
Petition to Revoke Supervised Release /I-`
COMES NOW PROBATION OFFICER Alicia R. Pineda presenting an official report on Javier
FERNANDEZHERNANDEZ who was committed to the Bureau of Prisons June 10, 2002, by the
Honorable Roslyn O. Silver presiding inthe District Court of Arizona. A 36-month period of supervised
release was imposed, and supervision commenced upon the offenders discharge from imprisonment
February 22, 2006. ln 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.
Javier FERNANDELHERNANDEZ. 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 May 22, 2006, Fernandez-Hernandez committed the new federal offense of Re-entry After
Deportation, a violation of 8 USC §1326(a) & (b)(2), a Class C felony. A complaint was filed in U.S.
Magistrate Court, District of Arizona, Phoenix, case no. 06-2133M. Court proceedings are pending.
Grade B Violation, §7B1.1(a)(2).
Allegation B. Violation of Special Condition No. 1: If deported, you shall not re-enter the United
States without legal authorization. I
On or about May 1 , 2006, Fernandez-Hernandez re-entered the United States without legal authorization.
This was evidenced by his May 22, 2006 arrest by Border Patrol at or near the San Luis, Arizona, Port
of Entry, at which time, he admitted he entered the United States illegally on May 1, 2006. This arrest
was subsequent to his February 22, 2006 deportation. Grade C Violation, §7B1.1(a)(3).
I Case 2:02-cr—OO285—ROS Document 17 Filed O8/O2/2006 Paget of2

Page 2
U.S.A. v. Javier FERNAI\IDEZ·RNANDEZ Q
Docket No. O2CROO285-001-PHX—ROS
June 13, 2006 ·
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.
&@`; g , 0¢ [N90
Alicia R. Pineda, Date
U.S. Probation Officer
Reviewed by
r>£g.Q.Lr]%_,é€@.@; rg;/BZQTQ
Lori A. Wantland Da e
, Supervisory U.S. Probation Officer
Reviewed by
David M.;Haws g Date] (
Assistant U.S. 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 under penalty o rjury. he Court orders the issuance of a warrant.
Con ` - d and ordered this [ day of , 20iQ Q and ordered filed and
made a part o e records in the above case.
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The onora A Ro yn . Silver,
U.S. District Judge
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Defense Counsel: VNOZIHV 3G .I.UlUl
Bruce Yancey €_ gk Z, gw 90.
1886 South Eighth Avenue, Suite A Z '
Yuma, Arizona 85384 mu GM
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Case 2:02-cr-00285-ROS

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Case 2:02-cr-00285-ROS

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