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

United States District Court--District of Arizona - Pho ·'
Order Setting Conditions of Release ‘ sir , LODGE};
DATE 8/21/08 CASE NUMBER: CR 01-1 l-PHX-SRB ··—··¤....RECENED '
USA vs. James Brian Nardi 2 1
ISI PERSONAL RECOGNIZANCE _
¤ AMoUNr or BOND ¤ UNSECURED ¤ SECURED BY · $1-ERK U S D*$T*i*¤T COURT r `
SECURITY TO BE 1>osTE1> BY BY Dlsmm OF AWZONA ,
NEXT APPEARANCE 8/25/08 at 1:15 PM or as directed through counsel DEPUTY
Bl 401 W. Washington St., Phoenix, AZ, Courtroom # 502 , 5th Floor
El Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd Floor
IORDERED THAT DEFENDANT IS SUBJECT TO THE FOLLOWING CONDITIONS AND
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. Attomey in writing of change in
address/telephone number.
E maintain or actively seek verifiable emploiyment and the defendant is physically or medically able and
provide proof of such to U.S. Probation Of ice.
E not travel outside of: the State of Arizona
except Defendant maiy travel d1rectIy to the prosecuting district, and thfougli all states and counties in
between the District 0 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.
[1 avoid all direct or indirect contact with persons who are considered alleged victim(s), potential witness(es),
family members of victim(s)/witness(es), and/or ( ) the custodian parent, except Defendant may
communicate with custodral parent solely for visitation purposes with his/her minor chil(ren):
Cl report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602-322-7350.
IZ rdport as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all general and specialterms
o conditions of Supervised Release/Probatiorr.
I] execulte an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
I] be placed in the third party custody of
E refrain from IE any I] excessive use of alcohol and not use or (possess any narcotic or other controlled
substance defined by 21 USC § 802_unless prescribed for defen ant by a licensed medical practitioner in
the course of his/her legitimate med1cal practice.
E participate in drug/alcohol counseling/treatment and submit to drug/alcohol testing, including breathalyzer
testing and make copayment toward the cost as directed by U. S. robation if reasonable suspicion exists
that the defendant is using lll1C1t drugs or abusing alcohol.
I] surrender any passport to the Clerk of the Court by
EI obtain no passport.
A 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 Joanne Landfair
I] timely pay his/her monthly child support payments as previously ordered by the subject state court in the
total amount of 8
El actively participate in any mental health treatment (pro gram as directed by Pretrial Services. The defendant
shall comply with all treatment requirements rnclu mg taking all medication as prescribed by his/her mental
health care provider.
El
Case 2:01 —or—0001 1-SRB Docu ment 86 Filed 08/21 /2008 Page 1 of 2

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 tenn of imprisonment of not more than ten years 1f the offense is a fe ony or a term of
imprisonment of not more than one year if the offense is a misdemeanor. This sentence shall be consecutive to any
other term of imprisonment.
Title 18 U.S.C. §l503 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 S)250,0 0 ine to intimidate a juror or officer of the court; Title 18 U.S.C. §l5l makes lt a_cr1n1inal offense
nlunishable bg! up to five years imprisonment and a $250,000 fine to obstruct a criminal investigation; Title 18
.S.C. §l5l makes lt a criminal offense punishable by imprisomnent for life or by death, or, depending) upon the
specific provisions of the section by not more than twenty years or by not more than ten years and a $25 ,000 fine
or tampering w1th_a witness, v1ct1m or informant; or by rntentionally harassing another person and thereby hindering
/delayingnprevent1ng or drssuading any person from attending or test1fy1ng in an official proceeding or otherwise
violatingt e section IS punishable y imprisomnent for not more than one year and a $250,000 fine; and 18 U.S.C.
§l5 l_3 _makes lt a criminal offense punishable by rmprisonment for life or by death, or, depending upon the specific
rovisions 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 infonnant, 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 reqfuired 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 of, or while awaiting sentence, surrender for the
service of a sentence,_ or appeal or certiorari after conviction, for:(l) an offense punishable by death, life
imgrisonment, or imprisomnent 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 tyears, or both;(2) an offense gumshable by rmtprisonment for a term
of five years or more, the defendant shall be 1ned 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 both;(2) 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 forfailure to appear or surrender shall be consecutive to the sentence of
imprisomnent for any other offense. In add1t1on, 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 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.
DATE SIGNATURE OF DEFEN AN3/v J!
\ -I/— fr j A
Custodian agrees to (a) srgeérise the defendant in accordance with all conditions of release, ep) to use every effort
to assure the appearance the defendant at allscheduled court proceedings, and to notifyt e court immediately
1n the event the defendant_v1olates any condition of release or disappears. We, the undersigned, have read and
understand the terms of tlus bond and conditions of release and acknowledge that we are bound by it until duly
exonerated.
Directions to United States Marshal:
IZ The defendant is ORDERED released after processing.
I] The United States Marshal is ORDERED to k p ~;•efendant in - tody until e ` red by the clerk or
Judrcia fficer that the defendant has posted bo : :. 1 or complied Y ll other · dit` · s of release.
DATE: »- ’ [alla I Gb r 4 ,A4n£..2H ‘ -
¤2/ j J,
I\'Il\ • ,`. D;:•\
United States Magistrat udge
USA, PTS/PROB, USM, DEFT, DEFT ATTY
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Case 2:01-cr-00011-SRB

Document 86

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Case 2:01-cr-00011-SRB

Document 86

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