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


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Category: District Court of Arizona
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··- United States District Court-District of Arizona - Phoenix
Order Setting Conditions of Release
DATE: 7/29/2005 CASE NUMBER: CR 04-00373-002-PHX-JAT
USA vs. Kenneth Ronald Foster
E] PERSONAL RECOGNIZANCE
E AMOUNT OF BOND $100,000
K1 unsncmurn
El SECURED BY gropegy located at 1717 Arlington Avenue, Los Angeles, CA 90019
SECURITY TO BE POSTED BY
NEXT APPEARANCE or as directed through counsel
U 401 West Washington St., Phoenix, AZ, Courtroom #•$*, *3* Floor
U Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd 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.
E not commit any federal, state or local crime.
E immlediately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
num er.
El maintain or actively seek verifiable employment if defendant is physically or medically able and provide proof of
such to Pretrial Services.
I] not travel outside of:
except Defendant may travel directly to die pro secutrng district, and llifougli all states and counties 1n Between tlie
District of Arizona and the prosecuting district, for Court purposes and lawyer conferences only unless express
PRIOR Court or Pretrial Services permission is granted to do so.
E:] avoid all direct or indirect contact with X/ersons who are considered alleged victim§s),dpotential witness(es),
members of victim(s)/witness(es_), an or ( ) the custodial _parer1t, except De en ant may communicate wr
custodial parent solely for visitation purposes with his/her minor chrld(d1·en):
E report as directed to the U.S. PRETRIAL SERVICES l-800-769-7609 or 602-322-73 50.
El report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of
Supervised Release/Probation.
E execute an agreement to forfeit upon failing to araaear as required, the bond or designated
property: 17 7 Arlington Avenue, Qs Angeles, A 90019
lj Defendant is placed in the third party custody of
M refrain from El excessive use of alcohol and not use or possess andy narcotic or other controlled substance
defined by 21 US 802 unless prescribed for defendant by a licensed me 1cal practitioner rn the course of his/her
legitimate medical practice.
EI participate in dru gf alcohol counseling/treatment and submit to drglgf alcohol testing, including breathalyzer testing
and make copaymerrt toward the cost as directed by U. S. Pretri Services.
M sturender any passport to the Clerk of the Court by BA Z ’*: fs ¢$>1·1‘¢·"`
M obtain no passport.
H 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 Jason Leonard
EI shall timely pay his/her monthly child support payments as previously ordered by the subject state court in the total
amount o S
EI The defendant shall actively particgrate in any mental health treatment prrigram as directed by Pretrial Services.
The defendant shall comply with I treatment requirements including t ing all medication as prescribed by
his/her mental health care provider.
EI
Case 2:04-cr—00373-JAT Document 176 Filed 08/31 /2005 Page 1 of 3

A- 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 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 other term of 1mprisonment.
Title 18 U.S.C. §l503 makes it a criminal offense punishable by imprisonment for life or by death, or, d ending
_ `f p " fh ` _ th y b _ h d $250€800fi
upon e speci IC rovisions o t e section not more an twenty ears or y not more t an ten years, an a , ne
to 1nt1m1date a juror or officer of the court; Title 18 U.S.C. §l5 0 makes it a criminal offense punishable by up to five
years imprisonment and a $250,000 fine to obstruct a criminal investigation; Title 13 U.S.C. § 512 makes it a criminal
offense punishable by imprisonment for life or by death, or, depending utpon 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 w1th_ a witness, vietim or
informant; or by intentionally harassing another person and thereby hindering fdelaying iéplreventing or dissuadmg any
person from attending or testifying in an official Broceeding or otherwise violating e section is punishab e by
imprisomnent for not more than one year and a $250,0 0 fine; and 18 U.S.C. §l 513 makes it a criminal offense punishable
by imprisonment for life or by death, or, depending upon the epecific Srovisions of the section not more than twenty years
or by not more than ten years of imprisonment, a fine of 250,00 , 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. §3l46, if after having been released, the defendant knowingly fails to
eipeear as required by the conditions of release, or to surrender for the service of sentence (pursuant to a court order. If the
e endant was released in connection with a charge of, or while awaiting sentence surren er for the service of a sentence,
or appeal or certiorari alter conviction, for:(l) an offense (punishable by death, life imprisonment, or imprisonment for a
term of fifteen years or more, the defendant shall be Hne not more than $250,000 or imelrisoned for not more than ten
years, or both;( ) an offense punishable by imprisonment 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 lined
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 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 imprisonment 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 DEFENDANT
Custodian agrees to (a) supervise the defendant in accordance with all conditions of release, Qb) 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 it until duly exonerated.
I SIGNATURE OF CUS'1`ODIAN(S)
grections to United States Marshal: _
The defendant is ORDERED released after processing.
El The United States Marshal is ORDERED to keep the def ' custody until notified by the clerk or judicial
officer that the defendant has posted bond and! or complied ther conditions of release.
DATE: 8/3/2005
l
United States Magistrate Judge
Case 2:04-cr—00373-JAT Document 176 Filed 08/31/2005 Page 2 of 3

i i ns/{zexzuo-5 esdzs mx Us DISTRIET cr. our
p aua—a·?-zaas 17 = Q2 czouaraoom seize 1 ces sez 322 vase P. as
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The commission of any offense while on pretrial release may_result in an additional sentence upon conyiction for uch
offense to a term of impnsonrnent of not more than tcp years if the offense is a felony or a term of impnsomnpnt of not
more than one year if the offense is amtsdememor. This sentence shall be consecutive to any other term efimpitsonment.
Title 18 U.S.C. 1503 makes it a criminal offense unishable b lm risonrnent for life or by death or d ding
upon the specific providons of the section notmore than gventy {ears jdt bg? not znorc than ten yeers,_ and d $230,800 fine
to mttrnidate a Juror or ofiicer ofthe court; Title 18 U.$.C, §l$ 0 makes it a qnmiual offense iaumshable by up to tive
§$?§§$t‘i§’Sdi§§t‘Gi§id§d“?}d2‘p¥did‘%di‘d‘l}£d£i l?d§'F?id‘§d°5d2§.“‘.§¥’i*$p‘£l’3?d?§;’%13§*diTé”$3d£?dl£€i€e£d5Jd2d‘%°€§§°§éé§d°d?€?d`§£
more than twenty years b t than ten } ’d $250, 0 ti e fo tam ed with a witness, victim or
informant; or by inte¤tio§Idll3E{lila€;*aer§i’i1;;$ another gscgiis gi tliereby hinderilng ldelayigg inigeventing or di ssuadi any
person from attending or testifying in an ofticlial rocccdi or otherwise violating tge section is punishallge by
imprisonment for not inore than one year and a $$50,080 fine; alili§_18 U.S.Q._§1513 makes it a criminal offense punishable
by imprisonment for life or by deatli, or, depending upiou the sgpeciiic Brovisions of the section not more than twenty {years
prfby D0tt’m01:t£§]1ll·;l.:th ten gfars ot`; iiiprisonment, a ne of 250,00 , or both, to retaliate against a witness, vtct m or
in oi-man or en or amp e o se.
It is a criminal offense under 18 U.S.C. §3l46, if after having been released, the defendant knowingly fails to
a ear as required bythe conditions of release, or to surrender for the service of sentence (pursuant to a court order. If the
clggendant was released in conneetion with a charge ot; cr while awaiting sentencg? spnen er for the service of a sentence,
or appeal or certiorari aner conviction, for:(l) an offer1s:::<§~umshab1e by death, li e imprisoninent, or imprisonment for a
term of fifteen gears or more, the defendant shall be fin not more than $250,000 or imtgnsoned for not more than ten
years, or both;(0) an offense punishable by impnsonment for a tem: ef five years or more, e defendant shall be fined not
more than $25 000 or imprisoned for not more than tive years or hotly (3) any other felony, the defendant shall be fined
not more than $550,000 or iinprisoned not more than two years, or botl`1;(4) a misdemeanor, the defendant shall be lined
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 consecutive to the sentence of
imprisonment for any other offense. In addmon, 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 imprisonment for not
more than one year, Gr b0th.
ACKNOWLEDGMENT OF DEFENDANT
I acknowledge that I am the defendant in this case and that l nm aware of the conditions pf release. I promise to
obey all conditions of release, te ergjpear as directed, and to surrender for service of any sentence imposed. I am aware of
the penalties and sanctions set fo above.
I
DATE I - 5/ _ 625 SIGNATURE or DEFENDANT IA`-; ,
Custodian agrees to (a) Supervise the defendant in accordance with all conditionsfoi release, ) to use ev effort to
assure the appearance ofthe defendant at all scheduled court proceedings, and to notity the courtcilimnedimelyeiliirme 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 it until duly exonerated.
E" ‘%‘%‘d"-“‘h°°€‘“* %i&‘Zd“d§ dd dd d —
e e en an is r eas a er processing.
EI The United States Marshal 's ORDERED t it th def .·¤ · t d til filed b th 'ud' '
OECBT that ddd defendant did posted dddd gndgig GOIQIPH Q ,°, “ 2.-¥£?ddd2?.J dddddddd? °‘°"‘ °'* ‘°‘“‘
DATE: 8/3/2 005 '¢
United States Magistrate Judge
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