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

United States District Court--District of Arizona - Ph .. . . ._.. .-..-2--- _
Order Setting Conditions of Release ;
__,____RECENED ODP! *;-Y
DATE 8/19/08 CASE NUMBER: CR 08-877-PHX-JAT """' i
USA vs. Kelley McNaughton 1 9 i
El PERSONAL RECOGNIZANCE CLERK U S D1SlH1CT COURT- i
¤ AMOUNT or BOND El UNs1·:cU1uzn ¤ SECURED BY DlSTHlCT OF ARIZONA
sncuiurv TO BE Posrnn BY BY . . DEPUW
NEXT APPEARANCE 8/25/08 at 1:30 pm or as directed through counsel 1 ` ' i "
BI 401 W. Washington St., Phoenix, AZ, Courtroom # 503 , 5th Floor
El Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd Floor
IT Ii ORDERED THAT DEFENDANT IS SUBJECT TO THE FOLLOWING CONDITIONS AND
SHA L:
E appear at all proceedings as required and to surrender for service of any sentence imposed.
IZ not commit any federal, state, tribal, or local crime.
E immediately advise the court, defense counsel, and the U.S. Attorney in writing of change in
address/telephone number.
IZ maintain or actively seek verifiable _employment and the defendant is physically or medically able and
provide proof of such to U.S. Probation.
IZ not travel outside of: the State of Arizona
. except Defendant mafy travel directly to tlie prosecuting district, and tlifougli all states and counties in
between the District o Arizona and the prosecuting district, for Court purposes and lawyer conferences only
unless express PRIOR Court or U.S. Probation permission IS granted to do so.
I] avoid all direct or indirectcontact with persons who are considered alleged victim(s), potential witness(es),
family members of v1ct1m(s)/witness(es), and/or ( ) the custod1an_ parent,_ except Defendant may
communicate with custodial parent solely for visitation purposes with his/her minor chil(ren)::
r
I] report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602-322-7350.
E rqport as directed to the U.S. PROBATION OF FIC 60 -322-7400 and abide by all general and specialterms
o conditions of Supervised Release/P·i·eba·t-iam ·
EI execu§ an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
I .
I] be placed in the third party custody of

E refrain from E any I] excessive use of alcohol and not use or dpossess any narcotic or other controlled
substance defined by 2l USC § 802 unless prescribed for defen ant by a licensed medical practitioner in
the course of his/her legitimate medical practice.
IZ participate in drug/alcohol counseling/treatment and submit to drug/alcohol testing, including breathalyzer
test1 d make copayment toward the cost as directed by U. S. robatron
l. _ A"
I] surrender any passport to the Clerk of the Court by
I] obtain no passport.
El 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 Michael Kimerer
I] timely pay his/her monthly child support payments as previously ordered by the subject state court in the
total amount of S
I] actively participate in any mental health treatment (program as directed by Pretrial Services. The defendant
shall comply with all treatment requirements inclu ing taking all medicatron as prescribed by his/her mental
health care provider.
I]


Case 2:03-cr—00877-JAT Document 21 Filed 08/19/2008 Page 1 of 3


ADVICE OF PENALTIES AND SANCTIONS
The commission of any offense while on pretrial release may result in an additional sentence u on conviction for
such_ offense to a tenn of imprisonment of not more than ten years if the offense is a fel)ony or a tenn of
impr1sonment_of not more than one year rf the offense is a misdemeanor. This sentence shall be consecutive to any
other tenn of rmprrsonrnent.
Title 18 U.S.C. §1503 makes it a criminal offense punishable by imprisonment for life or by death, or,
de ending upon the specific provisions ofthe section not more than twenty years or by not more than ten years, and
a $3250,0 0 me to intimidate a juror or officer of the court; Title 18 U.S.C. §l5l0 makes it a criminal offense
plunishable bg up to five years imprisomnentand a $250,000_ fine to obstruct a criminal investigation; Title 18
.S.C. §151 _ makes it a criminal offense punishable by imprisonment for lrfe or by death, or, depending) upon the
epecrfic provisions ofthe section by not more than twenty years or by not more than ten years and a $25 ,000 fine
or tampering with_a witness, victim or informant; or by intentionally harassing another person and thereby hindering
/delaying tpreventrng or drssuadrng any person from attending or testifying rn an official proceeding or otherwise
violating t e section rs prmishable y imprisonment for not more than one year and a $250,000 fine; and 18 U.S.C.
§l5 l 3_makes rt a criminal offense punishable by rmprrsonment for lrfe or by death, or, depending upon the specific
rovisrons of the section not more than twenty years or by not more than ten years o imprisonment, a fine of
$250,000, or both, to retaliate against a witness, victim or informant, or threaten or attempt to do so.
It is a criminal offense under 18 U.S.C. §3 146, if after havinig been released, the defendant knowingly fails
to appear as reqfurred by the conditions of release, or to surrender or the service of sentence pursuant to a court
order. If the de endant was released in connection with a charge ofi or while awaiting sentence, surrender for the
service of a sentence,_ or appeal or certiorari after conviction, for:( 1) an offense punishable by death, life
imnrisonment, or imprisonment for a term of fifteen years or more, the defendant shall be fined not more than
$2 0,000 or imprisoned for not more than ten fyears, or both;(2) an offense gunrshable by imiprisonment for a term
of five years or more, the defendant shall be ined not more than $250,00 or 1m(prisoned or not more than five
years or both;(3) an other felony, the defendant shall be fined not more than $250, 00 or imprisoned not more than
two years, or bothgg) 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 fo_r 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 rn the forferture 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 ofthe conditions of release. I promise
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.
oArE sro · r as or DEFE DANT
rw /4 / /
y ../.14.4,
Custodian agrees to (a) supervise the defendant in accordance with all conditions of release, (b) to use every effort
to assure the appearance ofthe defendant at all scheduled court proceedings, and to notify the court immediately
in 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 by rt untrl duly
exonerated.
it Glta M Or
Directions to United States Marshal:
E The defendant is ORDERED released after processing.
[I The United States Marshal is ORDERED o ep the defendant in cnstod until notified by the clerk or
judicial §ffic@ that tl?defendant has poste » • · d and/or compl •. with · V er conditions of release.
. /‘/ .- ll w V. ( . :
DATE. KD aladi.14 rw _. ` _ A nr _ • `
United States M gistrate Judge
USA, PTS/PROB, USM, DEFT, DEFT ATTY
Case 2:03-cr-00877-JAT Document 21 Filed 08/19/2008 Page 2 of 3


ORDER SETTING ADDITIONAL CONDITIONS OF RELEASE
IT IS ORDERED the defendant shall remain and reside by virtue of placement at:
[I Behavioral Systems Southwest, 2420 E. Roosevelt, Phoenix, Arizona;
I] Native American Connections, Inc.,
A E] Indian Rehabilitation (Men’s Facility) 636 N. 3'd Ave, Phoenix, Arizona
A I] Guiding Star Lodge (Women’s Facility) 3424 E. Van Buren, Phoenix, Arizona
I] Whispering Palms (Halfway House) 1650 E. Georgia Ave., Phoenix, Arizona
I] Recovery Homes, Inc., 266 E. 2"d, Mesa, Arizona
IZ Crossroads (Halfway House - Women’s Facility) 3702 N. l3"‘ Ave., Phoenix, Arizona
I] Crossroads (Halfway House - Men’s Facility) 1845 E. Ocotillo Road, Phoenix, Arizona
I]

FURTHER ORDERED the defendant shall follow all program requirements including the directions of all staff
members.
FURTHER ORDERED the defendant be required to make a copayment to an amount to be determined by the Pretrial
Services Officer but in no event to be more than 50% of net income to the halfway house each pay period until placement
is terminated.
FURTHER ORDERED the defendant shall submit to drug and/or alcohol treatment, not limited to urinalysis and
Breathalyzer tests, at the discretion of Pretrial Services. The defendant shall make a copayment directly to the agency
contracted by Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by
Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by Pretrial Services,
not to exceed the total cost of services rendered, each month until these services are terminated.
FURTHER ORDERED the defendant shall participate in all program requirements as directed by Pretrial Services.
The U.S. Marshal is directed to bring the defendant bag and baggage to the Courthouse on
For release from the U.S. Marshal’s office at 9:00 a.m.
Defense counsel is to arrange for the defendant’s transportation to the halfway house.
ACKNOWLEDGMENT OF DEFENDANT gf lg
DATED THIS of`- DAY OF Ap/Q , li g .
Case 2:03-cr—00877-JAT Document 21 Filed 08/19/2008 Page 3 of 3

Case 2:03-cr-00877-JAT

Document 21

Filed 08/19/2008

Page 1 of 3

Case 2:03-cr-00877-JAT

Document 21

Filed 08/19/2008

Page 2 of 3

Case 2:03-cr-00877-JAT

Document 21

Filed 08/19/2008

Page 3 of 3