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

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I F. z IZONA
DISTRICT OF ARIZONA BY DEPUTY
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United States v. Cristobal Lagunas ZAIVIUDIO Docket N0. CR 00221-Pl-IX-Sli/IIVI
Petition to Revoke Supervised Release ‘
COMES NOW PROBATION OFFICER Ernesto Hernandez presenting an official report on
Cristobal Lagunas ZAIVIUDIO who was committed to the Bureau of Prisons for 12 months and one day,
on June 10, 2002, by the Honorable Stephen IVI. McNamee presiding in the District Court of Arizona.
Athree-year period of supervised release was imposed, and supervision commenced upon the offenders
discharge from imprisonment on June 3, 2003.
On September 1 1, 2003, the Court agreed to a modification of supervision and implemented a 180-day
community corrections center placement.
On September 16, 2004, Zamudio's term of supervised release was revoked and he was committed to
the custody of the Bureau of Prisons for six months. He was further ordered to serve a 30-month term
of supervised release, which commenced February 15, 2005. In addition to the standard conditions of
supervision, the foilowing special conditions were ordered:
1. You shall report within 72 hours of release from the custody of Bureau of Prisons to the Probation
Office in the district to which you are release.
2. 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.
3. You shall submit your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
4. You shall provide the probation officer access to any requested financial information.
5. You are prohibited from making major purchases, incurring new financial obligations, or entering
into any financial contracts without the prior approval of the probation officer.
6. You are prohibited from owning, maintaining or using a firearm.
7. You are prohibited from entering into Mexico, with the exception of taking care of your dental
needs, however, you must be accompanied by a parent or brother.
On August 29, 2005, the Court was notified Zamudio was noncompliant and implemented additional
special conditions through a waiver and order:
Case 2:O2—cr—OO221—Sl\/Il\/I Document 43 Filed O4/O5/2006 Page 1 of 3

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U.S.A. v. Cristobal Lagunas ZA¤•»<.lDlO Q
Docket No. CR 00221-PHX-Sl\/lll/I
l\/larch 27, 2006
8. You shall participate in a Home Confinement Program with electronic monitoring under the
sanction of curfew for a period of 180 days. You shall contribute to the cost of electronic
monitoring in an amount to be determined by the probation officer.
9. You shall abstain from all use of alcohol or alcoholic beverages.
Cristobal Lagunas ZAMUDIO was convicted of importation of a controlled substance, a Class D felony,
in violation of 21 USC § 952 and 960(b)(4).
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. VIOLATION OF STANDARD CONDITION 9: You should not purchase, possess, use,
distribute or administer any narcotic or other controlled substance as defined in section
102 of the Controlled Substance Act (21 USC § 801) or any paraphernalia related to such
substances, without a prescription by a licensed medical practitioner. Possession of a
Controlled Substance will result in mandatory revocation of your term of supervision.
Zamudio used methamphetamine on or about July 10, 2005, as evidenced by his written
admission and positive urine sample collected, July 12, 2005. Grade C violation §7B1.1(a)(3).
B. VIOLATION OF SPECIAL CONDITION 2: 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.
Zamudio failed to report for scheduled urine collection appointments on November 17 and 22;
December 2, 8, 20, and 28, 2005; January 3 and 20; and February 1, 14, and 24, 2006. Grade
C violation §7B1.1(a)(3).
C. VIOLATION OF SPECIAL CONDITION 9: You shall abstain from all use alcohol or alcoholic
beverages.
Zamudio consumed an alcoholic beverage on or about I\/larch 7, 2006, as evidenced by his written
admission and breath collections (.038% at 1936 hours and .038% at 1940 hours). Grade C
violation §7B1.1(a)(3).
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U.S.A. v. Cristobal Lagunas ZAwiJDIO
Docket No. CR 00221—PHX-Sl\/lll/l
l\/larch 27, 2006
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A SUMMONS 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 viola d conditions of supervision, I am petitioning the Court to issue a summons.
;5é¥/zwane
Ernes o Hern nde Date
U.S. Probati Officer
Reviewed by
3 gg 5*;:0zJé
Abelardo R. lores Date
Supervise U.S. Probation Officer
Re iewed by
, / year 5/ @.40 Q
arcy Cerow Date
Assistant U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supen/ision, supported
by the above affirmation given under penalty of perjury. _The Court orders the issuance of a summons.
Considered and ordered this Q day of g} , 2004 and ordered filed and
made a part of the records in the above case.

The Honorable Stephen M. IVicNamee
Chief U.S. District Judge
Defense Counsel:
Theron Nl. Hall Ill
2 North Central Avenue
Suite 735
Phoenix, AZ 85004
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