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

» ~ ` United States District Court--District of Ar·izona - Phoenix
Order Setting Conditions of Release
DATE: ll/14/2006 CASE NUMBER: CR 04-00884-002-PHX-FIM W E U n. U in { I
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USA vs. Christopher Fernandez FILED --··— " H' °"` i'````
. _,_ RECENED ____ COPY
E PERSONAL RECOGNIZANCE . " -
U AMOUNT OF BOND
U UNSECURED
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sEcI.iii:1¥§l§rliJIisYE Posrnn BY °L%?§TléIg.P§;%§&0°£k*m
NEXT APPEARANCE or as directed through counsel BY DEPUTY
U 401 West Washington St., Phoenix, AZ, Courtroom #¢, Q Floor *""—""'*""""'
El 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 immgdiately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
num er.
IE maintain or actively seek verifiable employment if defendant is physically or medically able and provide proof of
such to Pretrial Services.
E not travel outside of: Arizona .
ergcept Defendant may travel directly to the pro secutmg district, and through all states and counties 1n Between the
District of Arizona the prosecutrngdistrrct, for Court purposes and lawyer conferences only unless express
PRIOR Court or Pretrral Services permission rs granted to do so.
— El avoid all direct or indirect contact with 5/ersons who are considered alleged victim§s),dpotential witness(es),
members of v1ct1m(s)/w1tness(es), an or ( ) the custodial parent, except De en ant may communicate wi
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 602-322-73 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.
I] execultp an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
EI Defendant is placed in the third party custody of
IE refrain from E any [I excessive use of alcohol and not use or possess ancy narcotic or other controlled substance
defined by 21 US 802 unless prescribed for defendant by a licensed me ical practitioner in the course of hisfher
legitimate medical practice.
IZ] 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. Pretria Services.
I] surrender any passport to the Clerk of the Court by
EI obtain no passport.
EI 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 Adrian F ontes ‘
I] shall timeily ay his/her monthly child support payments as previously ordered by the subject state court in the total
amount 0 5
I] The defendant shall actively participate in any mental health treatment prggrarn as directed _by Pretrial Services.
The defendant shall comp y with al treatment requirements including t mg all medication as prescribed by
his/her mental health care provider.
El
Case 2:04-cr-00884-FJIVI Document 39 Filed 11/14/2006 Page 1 of 3

r _ . ADVICE OF PENALTIES AN D 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 rmprisonment.
I Title l8 U.S.C. §l5 03 makes it a criminal offense punishable by imprisonment for life or by death, or, depending
upon the specific provisions of the section not more than twenty years or by not more than ten years, and a $250, 00 fine
to intimidate a juror or officer ofthe court; Title 18 U.S.C. §15 0 makes it a criminal offense punishable by upto five
years imprisonment and a $25 0,000 fine to obstruct a criminal investigation; Title 18 U.S.C._§_ 512 makes 1t a criminal
y offense punishable by imprisonment for life or by death, or, depending u(pon the specific provrsipns of the section by not
I more than twenty years or by not more than ten years and a $250, 0 fine for tampering with a witness, vietim or
informant; or by intentionally harassing another person and thereby hindering ldelaying fpreventrng or dissuadmg any
person from attending or testifying in an official proceeding or otherwise violating t e section 1S pumshab e by
imprisonment for not more than one year and a $250,0 0 fine; and l8 U.S.C. §l5 l 3 makes it a criminal offense punishable
by imprisonment for life or by death, or, depending upon the s ecific provisions ofthe 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, v1ct1m 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
appear as required by the conditions of release, or to surrender for the service of sentence (pursuant to a cpurt order. If the
de endant was released in connection with a charge of, or while awaiting sentence, snrren er for the service of a sentence,
or appeal or certiorari after conviction, for:(l) an offense (punishable by death, life imprisonment, or rmprisomnent for a
term of fifteen gears or more, the defendant shall be fine not more than $250,000 or imtplrisoned for not more than ten
years, or bothgg ) an offense punishable by imprisonment for a term of five years or more, e defendant shall be fined not
more than $25 ,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 impri_soned not more than two years, or both;(4) a misdemeanor, the defendant 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 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 l am the defendant in this case and that I am aware ofthe conditions pf 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 g "
’ * 4* ’ f.-·..-aq
Custodian agrees to (a) supervise the defendant in accordance with all conditions of release, (b) to uee 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 unders1gned,_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)
Directions to United States Marshal: _.
m The defendant is ORDERED released after pr · ssing.
[I The United States Marshal is ORDERED • keep the def • · tin sto • ti /‘/otifie y the clerk or judicial
officer that the defendant has posted b d and/or compl with ·_ ot d A ons • le se.
DATE: ll/14/2006 { ,;.4;. •4_ @7
’ United States Magistrate Judge `
USA, PTS/PROB, USM, DEFT, DEFT ATTY
Case 2:04-cr-00884-FJIVI Document 39 Filed 11/14/2006 Page 2 of 3

USA v. Christopher Fernandez CASE NUMBER CR 04-00884-002—PHX-FJM
ADDITIONAL CONDITIONS OF RELEASE
IXI The defendant will comply with electronic monitoringpnd follow all program requirements,
including SPECIIIC direc ions of the Pretrial Services fficer.
E] The defendant will pay for the electronic monitoring one month in advance at the rate of
$3.26 per day or a percentage of total monthly cost as determmed by Pretrial Services
E The defendant will participate in one of the following home conhnement program components and
ab1de by all the requirements ofthe program which E will or [II will not include electromc mon1tor1ng
or other location verification system. ou shall pay all or part ofthe cost of the {program based upon
your ability to pay as determined by the pretrial services o fice or supervision o ticer.
EI C r . rr r dt ‘d da EI rr
rO“f‘TOr-Y&“a"§f§ii2%ré§ gy u‘§c"§i‘§r5{?i‘S§I‘-h%§§’$ihcc’6r Sup22i@ Draw, or
IX] Home Detention. You are restricted to your residence at all times except for employment;
education; rel1g1ous S€I'VlC€S, medical, su stance abuse, or mental health treatmen ; a omey
v1s1ts; court appearances; court-ordered obligations; or other act1v1t1es as pre-approved by the
pretrial services office or superv1s1ng officer; or
EI Home Incarceration. You are restricted to your residence at all times excepm for me_dical needs
or treatment, religious services, and court appearances pre-approved by e pretrial services
office or supervising officer.
-
ACKNOWLEDGMENT (ZQILDEFENDA up
DATED THIS [ff; DAY OF /6191 , %¢.
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