Free Redacted Document - District Court of Delaware - Delaware

Case 1 :08-mj-00147 Document 5 Filed 08/22/2008 Page 1 of 3
QAO l99A (Rev, 6/97) Order Setting Conditions of Release Page I of 3 Pages
UNITED STATES DISTRICT COURT
District of Delaware
United States of America |_
\
) D )/AGE [*E®.oER SETTING CONDITIONS
I li . .o l
V- nn. lfli r_ .. Ir EJ OE RELEASE
James A Rochester Case Number; O Q -·‘ \ F1
Defendant
IT lS ORDERED that the release of the defendant is subject to the following conditions:
(1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case.
(2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing before any change in
address and telephone number.
(3) The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as
wukan ·Dt¤mi4- chu 7 ¢·#·v¤‘»6·*y·A··:
directed. The defendant shall appear at (if blank., to be notified) I 9-··t 1- im. .H·u¢.nye. I Cawtlgaen E
Place
rl A—¢vl•·•»1~ W4 Q Qjrjcl. on September l'/,-2008 at 8:30 a.m.
Date and Time
Release on Personal Recognizance or Unsecured Bond
IT IS FURTHER ORDERED that the defendant be released provided that;
( if ) (4) The defendant promises to appear at all proceedings as required and to surrender for service of any sentence imposed.
( ) (5) The defendant executes an unsecured bond binding the defendant to pay the United States the sum of
dollars ($ )
in the event of a failure to appear as required or to surrender as directed for service of any sentence imposed.
AUG 2 2 ZODB
IIS. DISTRICT CUURT
DISTRICT UF DELAWARE _
DISTRIBUTION; COURT DEFENDANT PILETRIAI. SERVICES U.S. ATTORNEY US. MARSHAL

Case 1 :08-mj-00147 Document 5 Filed 08/22/2008 Page 2 of 3
i QAO 199B (Rev. 5/99) Additional Conditions of Release Page 2 of 3

Additional Conditions of Release
Upon finding that release by one of the above methods will not by itself reasonably assure the appearance ofthe defendant and the safety of other persons and tht
community.
IT IS FURTHER ORDERED that thc release ofthe defendant is subject to the conditions marked below:
( ) (6) The defendant is placed in the custody of:
(Name of person or organization)
(Address)
(City and state) (Tel. No.)
who agrees (a) to supervise the defendant in accordance with all the conditions of release, (b) to use every effort to assure the appearance of the defendant at all scheduled cour
proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears.
Signed:
Custodian or Proxy Date
( X ) (7) The defendant shall: -
( X ) (a) report to the Pretrial services as reguired by that agency . ,
telephone number , not later than .
( ) (b) execute a bond or an agreement to forfeit upon failing to appear as required the following sum of money or designated property:
( ) (c) post with the court the following indicia of ownership ofthe above-described property, or the following amount or percentage of the above-described
( ) (d) execute a bail bond with solvent sureties in the amount of$ .
( X ) (e) maintain or actively seek employment. ~
( ) (f) maintain or commence an education program.
( ) (g) surrender any passport to:
( ) (h) obtain no passport.
( X ) (i) abide by the following restrictions on personal association, place of abode, or travel:
No travel outside the state of Delaware unless authorized by Pretrial sentices
{ ) (j) avoid all contact, directly or indirectly, with any persons who are or who may become a victim or potential witness in the subject investigation or
prosecution. including but not lirnited lo:
( ) (lt) undergo medical or psychiatric treatment and/or remain in an institution as follows:
( ) (I) return to custody eaeh (week) day as of o’elock after being released each (week) day as of o’clocl·t for employment,
schooling, or the following limited purpose(s):
( ) (rn) maintain residence at a halfway; house or community corrections center, as deemed necessary by the pretrial services office or supervising officer.
( X ) (n) refrain from possessing a firearm, destructive device, or other dangerous weapons.
(X ) (o) refrain from ( X )any ( )excessive use ofalcohol.
( X ) (p) refrain from use or unlawful possession ofa nareotic drug or other controlled substances defined in 2l U.S.C. § 802, unless prescribed by a licensed medreal.
practitioner. :,_ J
( X ) (q) submit to any method oftesting required by the pret.ti:1lscn‘ices office or the supervising officer for determining whether the defendant is using a prohibitetl
substance. Such methods may be used with random frequency and include urine testing, the wearing ofa sweat patch, a remote alcohol testing system, and/or
any form of prohibited substance screening or testing. -
( ) (r) participate in a program ofinpatient or outpatient substance abuse therapy and counseling ifdeemed advisable by the pretrial services office or supervising
officer
( ) (s) refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy ofany prohibited substance testing or electronic
monitoring which is (are) required as a conditiott(s) of release.
( ) (t) participate in one of the following home confinement program components and abide by all the requirements of the program which ( ) will or
( ) will not include electronic monitoring or other location verification system. You shall pay all or part of the cost ofthe program based upon your ability
to pay as determined by the pretrial services offiee or supervising officer.
( ) (i) Curfew. You are restricted to your residence every day ( )from to , or ( ) as directed by the pretrial
services office or supervising officer; or N
( ) (ii) 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
( ) (iii) Home lncarceration. 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.
( X ) (u) report as soon as possible, to the pretrial services office or supenrising officer any contact with any law enforcement personnel, including, but not limited
to, any arrest, questioning, or traffic stop.
t ) (rl
( X ) (w) Regarding item Tti), must obtain Errnission from Pretrial Services no less than 24 hours before the scheduled travel.
{ J (K)
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICES U.S. ATTORNEY U.S. MARSHAL

Case 1 :08-mj-00147 Document 5 Filed 08/22/2008 Page 3 of 3
QAO 199C (Rev.6/97) Advise of Penalties . . . Page 3 of 3 Pages
Advice of Penalties and Sanctions
TO THE DEFENDANT;
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
A violation of any ofthe foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a
revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine,
or both.
The commission of a Federal offense while on pretrial release will result in an additional sentence of a term of imprisonment of
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 in addition to any other sentence.
Federal law makes it a crime punishable by up to l0 years of imprisonment, and a $250,000 fine or both to obstruct a criminal
investigation. It is a crime punishable by up to ten years of imprisomnent, and a $250,000 fme or both to tamper with a witness, victim
or informant; to retaliate or attempt to retaliate against a witness, victim or informant; or to intimidate or attempt to intimidate a witness,
victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if
they involve a killing or attempted killing.
If after release, you knowingly fail to appear as required by the conditions of release, or to surrender for the service of sentence,
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, you shall be fined
not more than $250,000 or imprisoned for not more than I0 years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fmcd not
more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both,
(4) a misdemeanor, you shall bc fined not more titan $100,000 or imprisoned not more than one year, or both.
A term of imprisonment imposed for failure to appear or surrender shall be in addition to the sentence for any other offense. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of Defendant
I acknowledge thatl am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions
of release, to appear as directed, and to surrender for service of any sentence ` d. I am aware of the penalties and sanctions set forth
above. {
/»‘n·»4_,@ 4 JM? 7L!/it
Signature of Defendant
Address
Qavez, be /2707/
City and State Telephone
Directions to United States Marshal
( X ) The defendant is ORDERED released after processing.
( ) 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 bond and/or complied with all other conditions for release. · · • fendant shall be produced before the
appropriate judicial officer at the time and place specified, if still in custo · _
’.. {
Date: Auggst 22, 2008 . _, jg _, (
. igna e 0 ial Officer
Mg Pat Thgge, Magistrate Judge
Name and Title of Judicial Officer
DISTRIBUTION; COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARS}-IAL

Case 1:08-mj-00147

Document 5

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