Free Redacted Document - District Court of Delaware - Delaware

Case 1:05-cr-00107-SLR
%A0 199A

Document 6

Filed 01/10/2006

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(Rev. 6/97) Orda Setting Conditions of Release

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District of

Delaware

United States of America
V
Michael Henry
Defendant

ORDER SETTING CONDITIONS OF RELEASE
Case Number: Cr. 05-107

's&-

IT IS 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
directed. The defendant shall appear at (if blank, to be notified) Federal build in^ 844 King St., Wilmington,DE
Place -.
- -~

6& floor. Courtroom 6C

on

%6 # , ~ & * 6
date and Time

Release on Personal Recognizance or Unsecured Bond
I IS FURTHER ORDERED that the defendant be released provided that: T
(
(

I / ) (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.

)

F I L E D
JAN 1 0 2006
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U.S. DISTRICT COURT DISTRICT OF DELAWARE

,

DISTRIBUTION: COURT

DEFENDANT

PRETRIAL

SERVICES

U.S. ATTORNEY

U.S. MARSHAL

Case 1:05-cr-00107-SLR
*A0 199B

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Filed 01/10/2006

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(Rev. 5/99)-Additional Conditions of Release

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Additional Conditions of Release
Upon finding that release by one of the above mthods will not by itself reasonably assure the appearance of the defendant and the safety of cther persons and the community. IT IS FURTHER ORDERED that the release of the 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 court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears. Signed: Custodian or Proxy
( X ) (7) Thedefendant shall: ( X ) (a) report to the Pretrial services as required bv that agency
( ) (b)
) (c)

Date

,

,not later than telephone number execute a bond or an agreement to forfeit upon failing to appear as required the following sum of money or designated property:
post with the court the following indicia of ownership of the abovedescribed property, or the following amount or percentage of the abovedescribed

(

( ) (X ) ( ) ( ) ( ) (X ) (

execute a bail bond with solvent sureties in the amount of S maintain or actively seek employment. maintain or commence an education program. (g) surrender any passport to: ( ) obtain no passport. h (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 services ) (j) avoid all contact, directly or indirectly, with any persons who are or who may become a victim or potential wih-less in the subject investigation or prosecution, including but not limited to: (d) (e) (f)
) (k)

(

undergo medical or psychiatric treatment and/or remain in an institution as follows:
-

return to custody each (week) day as of schooling, or the following limited purpose(s):

o'clock after being released each (week) day as of

o'clock for employment,

maintain residence at a halfway house or community corrections center, as deemed necessary by the pretrial services office or supervisingofficer. refrain from possessing a firearm, destructive device, or other dangerous weapons. refrain from ( ) any ( )excessive use of alcohol. refrain from use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. 802, unless prescribed by a licensed medical practitioner. submit to any method of testing required by the pretrial services office or the supervising officer for determining whether the defendantis using a prohibited substance. Such mthods may be used with random frequencyand include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. participate in a program of inpatient or outpatient substance abuse therapy and counseling if deemed advisable by the pretrial services oMice or supervising officer. refrain f h m obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of any prohibited substance testing or electronic monitoring which is (are) required as a condition(s) of release. 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 of the program based upon your ability to pay as determined by the pretrial services office or supervisingofficer. ( ) (i) Curfew. You are restricted to your residence every day ( ) &om to ,or ( ) as directed by the prebial services office or supervising officer; or ( ) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medical, substanceabuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activitiesas pre-approved by the pretrial services office or supervising officer; or ( ) (iii) Home Incarceration. 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. report as soon as possible, to the prebial services office or supervising officer any contact with any law enforcement personnel, including, but not limited to, any arrest, questioning, or traffic stop.

Regarding item 7(i), must obtain permission from Pretrial Servi'ces no less than 24 hours before the scheduled travel.

DISTRIBUTION: COURT
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DEFENDANT

PRETRIALSERVICES

U.S.ATTORNEY

U.S.MARSHAL

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Case 1:05-cr-00107-SLR
0
199C
(FU?v.6/97) Ativise of Penalties . . .

Document 6

Filed 01/10/2006

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Advice of Penalties and Sanctions
TO THE DEFENDANT: YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

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A violation of any of the 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 ofnot more than ten years, if the offense is a felony; or a term of imprisonment ofnot 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 10 years of imprisonment, and a $250,000 fine or both to obstruct a criminal investigatioa It is a crime punishable by up to ten years of imprisonment, and a $250,000 frne 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 significantlymore serious if they involve a killing or attempted killing. asrequirectbytkec~nCmons0~1eaSe~ tEFmnder fKtheerVice0f sentence, J f a f k F & i t f e , ~ h W 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 10 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 fined 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 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 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 that I am the defendant in this case and that I amaware 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 imposed. I am aware of the penalties and sanctions set forth above.

.

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Address

b
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Cifidstate

wro/-&

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/!I27
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 andlor complied with all other conditions for ll be produced before the appropriatejudicial officer at the time and place specified, if still in c u t

Date:

January 10,2006

b & w Pat Thyme, Magistrate Judge
Name and Title of Judicial Officer
DISTRIBUTION: COURT DEFENDANT
PRETRIAL SERVICE

U.S. ATTORNEY

U.S.MARSHAL