United States District Court, D. Arizona
ORDER
Camille D. Bibles, United States Magistrate Judge
A
Petition to Revoke Supervised Probation has been filed.
Defendant has admitted to allegation A of the Petition to
Revoke, that he violated the conditions of his supervised
probation.
The
Court finds the Defendant has violated the terms and
conditions of supervised probation. The Court has considered
the factors set forth in 18 U.S.C. § 3553(a), the U.S.
Sentencing Commission Chapter 7 policy statements, the
original guideline range, statements of the parties, and all
documentation submitted, including the probation report. The
Court finds Defendant's unsupervised probation should be
revoked pursuant to 18 U.S.C. § 3565(a)(2). Accordingly,
IT IS THE JUDGMENT OF THIS COURT that
Defendant's supervised probation is hereby revoked, and
Defendant is resentenced as set forth below.
IT
IS FURTHER ORDERED that the defendant is hereby
committed to the custody of the Bureau of Prisons for the
term of FORTY-FIVE (45) DAYS, with credit
for any time served, followed by ONE
(1) YEAR of SUPERVISED RELEASE.
Defendant shall abide by the following mandatory and standard
conditions of supervision as adopted by this court, in
General Order 17-18, which incorporates the requirements of
USSG §§ 5B1.3 and 5D1.2. Of particular importance,
the defendant must not commit another federal, state, or
local crime during the term of supervision. Within 72 hours
of sentencing or release from the custody of the Bureau of
Prisons the defendant must report in person to the Probation
Office in the district to which the defendant is released.
The defendant must comply with the following conditions:
MANDATORY
CONDITIONS
1) You
must not commit another federal, state or local crime.
2) You
must not unlawfully possess a controlled substance. The use
or possession of marijuana, even with a physician's
certification, is not permitted.
3) You
must refrain from any unlawful use of a controlled substance.
The use or possession of marijuana, even with a
physician's certification, is not permitted. Unless
suspended by the Court, you must submit to one drug test
within 15 days of placement on probation and at least two
periodic drug tests thereafter, as determined by the court
(Drug Testing is suspended).
STANDARD
CONDITIONS
1) You
must report to the probation office in the federal judicial
district where you are authorized to reside within 72 hours
of sentencing or your release from imprisonment, unless the
probation officer instructs you to report to a different
probation office or within a different time frame.
2)
After initially reporting to the probation office, you will
receive instructions from the court or the probation officer
about how and when you must report to the probation officer,
and you must report to the probation officer as instructed.
3) You
must not knowingly leave the federal judicial district where
you are authorized to reside without first getting permission
from the court or the probation officer.
4) You
must answer truthfully the questions asked by your probation
officer.
5) You
must live at a place approved by the probation officer. If
you plan to change where you live or anything about your
living arrangements (such as the people you live with), you
must notify the probation officer at least 10 days before the
change. If notifying the probation officer in advance is not
possible due to unanticipated circumstances, you ...