Free Order Setting Conditions of Release - District Court of Arizona - Arizona


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Date: July 31, 2007
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State: Arizona
Category: District Court of Arizona
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United States District Court--District of Arizona - Ph • LODGED
Order Setting Conditions of Release __ RECEIVED __ 3:
DATE: 7/31/2007 CASE NUMBER: CR 03-01095-001-PHX-DGC
USA vs. Terry Costello 3 1
¤¤ PERSONAL 1urcoGN1zANcE CLERK U S Ulsmm COURT
¤ AM0UNT or Bonn BY U'Sm’CT UF AFUZONA
¤ UNSECURED ———————— DEPUTY
Cl SECURED BY
SECURITY T0 BE POSTED BY
NEXT APPEARANCE 8/13/07 at 3;00 PM or as directed through counsel
Bl 401 West Washington St., Phoenix, AZ, Courtroom #603, 6th Floor
IT IS ORDERED THAT DEFENDANT IS SUBJECT TO THE FOLLOWING CONDITIONS AND SHALL:
E appear at all proceedings as required and to surrender for service of any sentence imposed.
IZ not commit any federal, state or local crime.
E immgdiately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
num er.
IZ maintain or actively seek verifiable employment if defendant is physically or medically able and provide proof of
such to Pretrial Services.
lj not travel outside of:
except Defendant may travel drrectlyto tlie prosecuting district, and tlirougli all states and counties rn Between tlie
Drstrrct of Arrzona and the prosecut1ng_d1str1ct, for Court purposes and lawyer conferences only unless express
PRIOR Court or Pretrral Services permission is granted to do so.
I] avoid all direct or indirect contact with persons who are considered alleged victim§s),dpotential witness(es), family
members of vrctrm(s)/witness(es), an or ( ) the custodial parent, except De en ant may communicate wit
custodial parent solely for visitation purposes with his/her minor child(dren):
I] report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602-322-7350.
E report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of
Supervised Release/Probation.
El execute an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
E Defendant is placed in the third party custody of his father, Tem; Costello, Sr.
El refrain from l] arg [1 excessive use of alcohol and not use or possess any narcotic_or other controlled substance
defined by 21 US 802 unless prescribed for defendant by a licensed me ical practitioner in the course of his/her
legitimate medical practice.
lj participate in drug/ alcohol counseling/treatment and submit to druF/ alcohol testing, including breathalyzer testing
and make copayment toward the cost as directed by U. S. Pretria Services.
D surrender any passport to the Clerk of the Court by
lj obtain no passport.
E not possess or attempt to acquire any firearm, destructive device, or other dangerous weapon or ammunition.
E maintain weekly contact with his/her counsel by Friday, noon of each week with Carmen L. Fischer
[] shall timely pay his/her monthly child support payments as previously ordered by the subject state court in the total
amount of 8
[3 The defendant shall actively participate in any mental health treatment pro gram as directed_by Pretrial Services.
The defendant shall comply with all treatment requirements including ta ing all medication as prescribed by
his/her mental health care provider.
IZ Defendant_is to appear at the U.S. Probation Office on Friday, August 3, 2007 at 1 1 :00 am for a urine analysis and
report to hrs Pro ation Officer.
Case 2:03-cr-01095-DGC Document 83 Filed 07/31/2007 Page 1 of 3

ADVICE OF PENALTIES AND SANCTIONS
The commission of any offense while on pretrial release may_result in an additional sentence upon conviction for such
offense to a term of imprisonment of not more than ten years rf the offense is a felony or a term of imprisonment of not
more than one year rf the offense rs a misdemeanor. This sentence shall be consecutive to any other term of imprisomnent.
Title l_8 U.S.C. 1 503 makes it a criminal offense punishable by imprisomnent for life or by death, or, degending
upon the specific provisions ofthe section not more than twenty years or by not more than ten years, and a $250, 00 fine
to intimidate a juror or officer of the court; Title 18 U.S.C: §15 0 makes it a criminal offense punishable by up to five
years imprisonment and a $250,000 fine to obstruct a criminal investigation; Title 18 U.S.C. § 512 makes it a criminal
offense punishable by imprisomnent for life or by death, or, depending u(pon the specific provisions ofthe section by not
more than twenty years or by not more than ten years and a $250, 0 fine for tampering with a witness, victim or
informant; or by intentionally harassing another person and thereby hindering /delaying /plreventing or dissuading any
person from attending or testifying in an official groceeding or otherwise violating t e section is punishab e by
imprisonment for not more than one year and a $250,0 0 fine; and_18 U.S.C. §1513 makes it a criminal offense punishable
by imprisonment for life or by death, or, depending upon the specific grovisions ofthe section not more than twenty years
or by not more than ten years of imprisomnent, a fine of $250,00 , or both, to retaliate against a witness, v1ct1m or
informant, or threaten or attempt to do so.
It is a eriminal offense under 18 U.S.C. §3146, if af`ter having been released, the defendant knowingly fails to
appear as required by the conditions of release, or to surrender for the service of sentence (pursuant to a court order. If the
de endant was released 1n connection with a charge of, or while awaiting sentence, surren er for the service of a sentence,
or appeal or certiorari after conviction, for:(1) an offense (punishable by death, life rmprisomnent, or imprisomnent for a
term of fifteen years or more, the defendant shall be fine not more than $250,000 or imelrisoned for not more than ten
years, or both;( ) an offense punishable by imprisomnent for a term of five years or more, t e defendant shall be fined not
more than $250,000 or imprisoned for not more than five years or both;(3) any other felony, the defendant shall be fined
not more than $250,000 or imprisoned not more than two years, or both;(4) a misdemeanor, the defendant shall be fined
not more than $100,000 or imprisoned not more than one year, or both.
_ A term of imprisomnent imposed for failure to appear or surrender shall be consecutive to the sentence of
imprisonment for any other offense. In addition, a failure to appear may result in the forfeiture of any bail posted.
If the person was released for appearance as a material witness, a fine as provided by law or imprisomnent for not
more than one year, or both.
ACKNOWLEDGMENT OF DEFENDANT
I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. Ipromise to
obey all conditions of release, to appear as directed, and to surrender for service of any sentence imposed. I am aware of
the penalties and sanctions set forth above.
TE S GN RE OF DEFENDANT
DA 07 3//07 1 ATU e`
Custodian agrees to (a) supervise the defendant in accordance with all conditions _of release, fb) to use every effort to
assure the appearance ofthe defendant at all scheduled court proceedings, and to notify the court immediately 1n the event
the defendant violates any condition of release or disappears. We, the undersigned, _have read and understand the terms
of this bond and conditions of release and acknowledge that we are bound by1tunt1l duly exonerated.
SIGNATURE OF CUSTODIAN(S)
ef (,2412/J
Directions to United States Marshal:
E The defendant is ORDERED released after processing.
El The United States Marshal is ORDERED to keep the defendant in custody until _notified by the clerk or judicial
officer that the defendant has posted bon co lied with 1 t conditions of release.
DATE: 7/31/2007
United States Magistrate Judge
USA, PTS/PROB, USM, DEFT, DEFT ATTY
Case 2:03-cr-01095-DGC Document 83 Filed 07/31/2007 Page 2 of 3

USA v. Teg; Costello CASE NUMBER CR 03-01095-001-PHX-DGC
ADDITIONAL CONDITIONS OF RELEASE
I] The defendant will comply with electronic monitoring and follow all program requirements,
including specific directions of the Pretrial Services Officer. s
I] The defendant will pay for the electronic monitoring one month in advance at the rate of
$3.26 per day or a percentage of total monthly cost as determined by Pretrial Services
IZ The defendant will participate in one of the following home confinement program components and
abide by all the requirements of the program which IZ will or I] will not include electronic monitoring
or other location verification system. You shall pay all or part of the cost of the program based upon
your ability to pay as determined by the pretrial services office or supervision officer.
I] Curfew. You are restricted to your residence every day I] from _
to _ , or I] as directed by the pretrial services office or supervising officer, or
E Home Detention. You are restricted to your residence at all times except for employment;
education; religious services, medical, substance abuse, or mental health treatment; attorney
visits; court appearances; court-ordered obligations; or other activities as pre—approved by the
pretrial services office or supervising officer; or
I] Home Incarceration. You are restricted to your residence at all times except for medical needs
or treatment, religious services, and court appearances pre-approved by the pretrial services
office or supervising officer.
El

ACKNOWLEDGMENT OF DEFENDANT
DATED THIS 5 [ DAY OF (DTH , & ; .
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