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

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‘ i United States District Court--District of Arizona - Phoenix 1
Order Setting Conditions of Release { 0 G I N
DATE: 7/2/2008 H CASE NUMBER: CR 04-50167-001-PHX-SRB W
r
UsA vs. Justin Abbate .. FILED _ LODGED
__ RECENED COPY
·¥* PERSONAL RECOGNIZAN CE "`
U AMOUNT OF BOND
¤ UNsEcUREo J UL 0 2 20 8
U SECURED BY
SECURITY ro BE POSTED BY CLERK U S DISTFHG COURT
NEXT APPEARANCE or as directed tnmdgit counsel D'SI"“CI OF ‘ ' ·0NA
Bl 401 West Washington St., Phoenix, AZ, Courtroom #4*, 4* Floor BY DEPUTY
U Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd Floor
IT IS ORDERED THAT DEFENDANT IS SUBJECT TO THE FOLLOWING CONDITilONS AND SHALL:
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E appear at all proceedings as required and to surrender for service of any sentence impospd.
E not commit any federal, state or local crime. {
E immgdiately advise the court, defense counsel and U.S. Attomey in writing of change in address/telephone
num er. ,
I] maintain or actively seek verifiable employment if defendant is physically or medically aiwle and provide proof of
such to Pretrial Services. {
El not travel outside of: 1
except Defendant may trave rrect ytot eprosecutrng rstrrct, an t oug a states an counties in etweent e
District of Arizona and the prosecuting district, for Court purposes and lawyer confere ces only unless express
PRIOR Court or Pretrial Services permission is granted to do so.
I] avoid all direct or indirect contact with S/ersons who are considered alleged victim§s),dpot ntial witness(es), family
members of victim(s)/witness(es), an or ( ) the custodial parent, except De en ant ay communicate wrt
custodial parent solely for visitation purposes with his/her minor child(dren):
E] report as directed to the U.S. PRETRIAL SERVICES l-800-769-7609 or 602-322-735 .
IZ report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all] terms of conditions of
Supervised Release/Probation. 1
I:] execultgzy an agreement to forfeit upon failing to appear as required, the bond or designat d
prope :
I] Defendant is placed in the third party custody of
El refrain from I] ancy El excessive use of alcohol and not use or possess any narcotic or ot er controlled substance
defined by 21 US 802 unless prescribed for defendant by a licensed me 1C&l practit1on r in the course of his/her
legitimate medical practice.
I] participate in drug/alcohol counseling/treatment and submit to dl'\.1F/ alcohol testing, incluiling breathalyzer testing
and make copayment toward the cost as directed by U. S. Pretrra Services. {
E] surrender any passport to the Clerk of the Court by `
I] obtain no passport.
I] not possess or attempt to acquire any firearm, destructive device, or other dangerous w apon or ammunition.
IZ maintain weekly contact with his/her counsel by Friday, noon of each week with Debor L. Williams
I] shall timely pay his/her monthly child support payments as previously ordered by the subj ct state corut in the total
amount o $ 1
EI The defendant shall actively participate in any mental health treatment prqgram as diredtedby Pretrial Services.
The defendant shall comply with a l treatment requirements including t ing all medication as prescribed by
his/her mental health care provider. y
I]
Case 2:O4—cr—50167-SRB Document 19 Filed O7/O2/2008 Page of 2
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b . · ADVICE OF PENALTIES AND SANCTIONS l
The commission of any offense while on pretrial release may result in an additional sentence u on conviction for such
offense to a term of imprisonment of not more than ten years if the offense is a felony or a term of imprisonment of not
more than one year if the offense is a misdemeanor. This sentence shall be consecutive to any oth lr term of imprisonment.
Title 1_8 U.S.C; §l503 makes it a criminal offense punishable by imprisomnent for life ori by death, or, depending
upon the specific provisions of the section not_more than twenty years or by not more than ten ye s, 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 unishable 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 imprisonment for life or by death, or, depending upon the specific provisi ns ofthe section by not
more than twenty years or by not more than ten years and a $250, 0 fine for tampering w th a witness, victim or
informant; or by intentionally harassing another person and thereby hindering /delaying /prev ting or dissuadrng any
person from attending or testifying in an official proceeding or otherwise violating t e s ction 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 cri inal offense punishable
by rmprisomnent for life or by death, or, depending upon the s ecific provisions ofthe section no more than twenty years
or by not more than ten years of imprisonment, a fine of $I250,O0 , or both, to retaliate agai st a witness, victim or
informant, or threaten or attempt to do so. I
It is a criminal offense under 18 U.S.C. §3146, if after having been released, the defe dant knowingly fails to
appear as required by the conditions of release, or to surrender for the service of sentence Lpursua t to a court order. If the
de endant was released in connection with a charge of, or while awaiting sentence, surren er fort e service of a sentence,
or appeal or certiorari after conviction, for:(l) an offense (punishable by death, life imprisomne , or imprisonment for a
term of fifteen years or more, the defendant shall be fine not more than $250,000 or implrison d for not more than ten
years, or both;% ) an offense punishable by imprisonment for a term of five years or more, t e def ndant shall be fined not
more than $25 ,000 or imprisoned for not more than five years or both;(3) any other felony, the efendant shall be fined
not more than $250,000 or imprisoned not more than two years, or both;(4) a misdemeanor, the llefendant shall be fined
not more than $100,000 or imprisoned not more than one year, or both. {
A term of imprisonment imposed for failure to appear or surrender shall be consecnltive 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 lor imprisonment for not
more than one year, or both. Q
ACKNOWLEDGMENT OF DEFENDANT l
I acknowledge that I am the defendant in this case and that I am aware of the conditionsi of release. I promise to
obey all conditions of release, to appear as directed, and to surrender for service of any sentence imposed. l am aware of
the penalties and sanctions set forth above. l
‘ A Y
DATE j 2 SIGNATURE OF DEFENDANT ‘ ` ~' _
-7 2 L5 / _.¢.n l¤L¤vAYA§‘_ "
Custodian agrees to (a) supervise the defendant in accordance th all conditions _of release, ) to use eve_ry effort to
assure the appearance ofthe defendant at all scheduled court proceedings, and to notify the court mmediately in the event
the defendant violates any condition of release or disappears. We, the unders1gned,_have read d understand the terms
of this bond and conditions of release and acknowledge that we are bound by 1tL11'1l1l duly exon rated.
SIGNATURE OF CUSTODIAN(S)
S Directions to United States Marshal:
BI The defendant is ORDERED released after processing. /
[I The United States Marshal is ORDERED to keep th defendant in o until _notifie by the clerk or judicial
officer that the defendant has posted bond and/or c mplied with a the co d1 ons of elease.
DATE: 7/2/2008
rted States Magistrate Judge
USA, PTS/PROB, USM, DEFT, DEPT ATTY <

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