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

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UNITED STATES DISTRICT CO RTHECEIVED MCOPY
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DISTRICT OF ARIZONA CLERK U S DISTRICT. COURT
DISTRICT OF ARIZONA
DEPUTY
United States v. Laura Eve FULLER Docket No. 02CR00146-0:01` ‘
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Petition to Revoke Supervised Release/It *-4* Ev'- ·i=;E··¢‘~iE-i
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on Laura
Eve FULLER who was committed to the Bureau of Prisons on September 15, 2003, by the Honorable
Mary H. Murguia presiding in the District Court of Arizona. A twenty-seven month period of supervised
release was imposed, and supervision commenced upon the offender's discharge from imprisonment
on April 16, 2004. ln addition to the general terms and conditions adopted by the court in General Order
05-36, the offender was ordered to 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.
2. You shall submit to search of person, property, vehicles, business and residence to be conducted
in a reasonable manner and at a reasonable time by, or at the direction of the probation officer.
3. You shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
4. You shall reside and participate in a community corrections center for up to 180 days and shall
comply with the rules of the facility.
5. You shall abstain from all use of alcohol or alcoholic beverages.
On November 20, 2005, the following special condition was added via Waiver and Order:
6. You shali reside at, participate in and successfully complete residential substance abuse
treatment as directed by the probation officer.
Laura Eve FULLER was convicted of Ct. 2: Possession of Stolen Mail, a Class D felony in violation of
18 USC § 1708. She was originally sentenced on October 3, 2002, to five months in prison and 36
months supervised release. On September 15, 2003, supervised release was revoked and Fuller was
sentenced to seven months in prison and 27 months supervised release.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. § 801) or any paraphernalia related to such
substances, without a prescription by a licensed medical practitioner. Possession of
controlled substances will result in mandatory revocation of your term of supervision."
On or about October 19, 2005, Fuller used methamphetamine as evidenced by positive urinalysis
results and her handwritten admission dated October 20, 2005. Grade C violation. §7B1.1(a)(3).
Case 2:02-cr—00146-l\/IHIVI Document 75 Filed 02/16/2006 Page 1 of 4

fage,2 _
U.S.A. v. Laura Eve FULLER Nw Mai
Docket N0. OZCROO146-001—PHX—l\AH|\/l
February 16, 2006
B. Violation of Standard Condition 9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. § 801) or any paraphernalia related to such
substances, without a prescription by a licensed medical practitioner. Possession of
controlled substances will result in mandatory revocation of your term of supervision."
On or about November 16, 2005, Fuller used cocaine as evidenced by positive urinalysis results
and laboratory confirmation. Grade C violation. §7B1.1(a)(3).
C. Violation of Standard Condition 9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. § 801) or any paraphernalia related to such
substances, without a prescription by a licensed medical practitioner. Possession of
controlled substances will result in mandatory revocation of your term of supervision."
On or about February 1, 2006, Fuller used methamphetamine as evidenced by positive urinalysis
results. Grade C violation. §7B1.1(a)(3).
D. Violation of Standard Condition 9: "You shall not purchase, possess, use, distribute or
administer any narcotic or other controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. § 801) or any paraphernalia related to such
substances, without a prescription by a licensed medical practitioner. Possession of
controlled substances will result in mandatory revocation of your term of supervision."
On or about October 19, 2005, and February 15, 2006, Fuller possessed drug paraphernalia in
the form of glass pipes used to smoke drugs. The pipes were observed in plain view during
routine home contacts on the above dates. Grade C violation. §7B1.1(a)(3).
E. Violation of Special Condition 1: "You shall participate as instructed by the probation
officer in a program ofsubstance abuse treatment which may include testing forsubstance
abuse. You shall contribute to the cost of treatment in an amount to be determined by the
probation officer."
On October 20, 2005, Fuller was directed to begin submitting to drug testing through the TASC
color line and was assigned the color sage. Sage was activated on November 4, December 8,
December 14, December 20, December 22, December 27, December 29, 2005; and January 3,
January 5, January 9, January 11, January 24, and January 25, 2006. On those dates Fuller
failed to submit to drug testing as evidenced by records from TASC. Grade C violation.
§7B1.1(a)(3).
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EJ.S.A. v. Laura Eve FULLER
Docket No. 02CR00146-001-PHX-lr/lHl\/I
February 16, 2006
F. Violation of Special Condition 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."
On or about February 8,2006, Fuller failed to submit to drug testing as evidenced by the attached
TASC incident report. She reported to TASC and submitted a sample that tested positive for
amphetamines. She became angry and used profanity with the TASC staff member. Fuller was
given the choice of having the sample sent to the lab for confirmation or having an incident report
prepared: she chose the incident report. Grade C violation. §7B1.1(a)(3).
G. Violation of Special Condition 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."
Fuller was referred to group counseling by New Arizona Family on January 4, 2006. She was to
attend two nights per week beginning January 10, 2006. As of February 15, 2006, she was
scheduled to have attended 11 group sessions but only attended two as evidenced by records
from New Arizona Family. Grade C violation. §7B1.1(a)(3).
H. Violation of Special Condition 5: "You shall abstain from all use of alcohol or alcoholic
beverages."
On or about October 19, 2005, and February 15, 2006, Fuller consumed alcohol as evidenced by
Breathalyzer testing administered by the probation officer. During a routine home contact on
October 19, 2005, her Blood Alcohol Concentration was found to be .028 and .025 percent. On
February 15, 2006, her Blood Alcohol Concentration was found to be .270 and .271 percent.
Grade C violation. §7B1.1(a)(3).
I. Violation of Special Condition 6: "You shall reside at, participate in and successfully
complete residential substance abuse treatment as directed by the probation officer."
On December 14, 2005, Fuller was directed to complete an assessment by December 31, 2005,
at New Arizona Family for placement in residential treatment. When she went for an assessment
on January 4, 2006, she said she had been referred by her probation officerfor group counseling.
To date Fuller has failed to attend her intake assessment for residential placement. Grade C
violation. §7B1.1(a)(3).
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EJ.S.A. v. Laura Eve FULLER $.4
Docket No. 02CR00146-001-PHX—l\/ll-il\/I
February 16, 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.
( gg Qégyg 2·/v ee
Eiiz th P. Simons Date
Senior U.S. Probation Officer
- , iewed by
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Lori A. Wantl Date
Supervisory U.S. Probation Officer
Reviewed by
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i cent . Kirby Date
7 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 of `ury. The Court orders the issuance of a warrant.
Considered and ordered this IQ; day of , 20g,; and ordered filed and
made a part ofthe records in the above case. ’
The Honorabl M ry . l\/Iurguia
U.S. District Ju ge gr Ti
Defense Counsel:
James S. Park WW if ui y
331 N. First Ave. (jig
Suite 210
Phoenix, Arizona 85003 FEB 1 6 ZGUB
U. S. PROBATION OFFICE
i¤i—i0Eivix, ARIZONA
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