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

United States District Court--District of Arizona — Phoenix r ~ ‘·
~ Order Setting Conditions of Release N AL
DATE: 5/4/2006 CASE NUMBER: CR-04-677-PI-IX-FJM
USA vs. _Micl1aeI Dwayne Smith ` FILED I LGDGED
...._ RECEIVED _____ COPY
E PERSONAL RECOGNIZANCE
E1 onsrzcurnau MAY U 4 2086
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SECURITY TO BE POSTED BY CLERK U S DISTRICT COURT
NEXT APPEARANCE 6/2’7l2006 or as directed through counsel DISTRICT OF ARIZONA
U 401 West Washington St., Phoenix, AZ, Courtroom #@5 ¢ Floor BY DEPUTY
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 conunit any federal, state or local crime, `
E immgdiately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
ntun er.
E maintain or actively seek verifiable employment if defendant is physically or medic ally able and provide proof of
such to Pretrial Services.
lj not travel outside of:
y except Defendant may Eavel drrectlyto the prosecut%g district, and thtough all states and counties in Between the
District of Arizona and the prosecutmgdrstrrct, for ourt purposes and awyer conferences only unless express
PRIOR Court or Pretrial Services permrssron rs granted to do so.
i I] avoid all direct or indirect contact with 5/ersons who are considered alleged victim§s),dpotential witness(es), family
members of v1ct1m(sl)/w1tne_ss(es), an or ( ) the custodralparent, except De en ant may communicate wrt
custodral parent sole y for visitation purposes wrth hrs/her minor ch1ld(dren):
· 6` F/=>¤»·:
E report as d1rected to e U.S. PRETRIAL SERVI S - -769-7609 or 602-322-7350. Hp WML lp . [
v-¢ fw
I] report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all termsqof conditions of
Supervised Release/Probation.
El execultp an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
E Defendant is placed in the third party custody of
E refrain from I] an E excessive use of alcohol and not use or possess andy narcotic or other controlled substance
defined by 21 USCy802 unless prescribed for defendant by a licensed me ical practitioner in the course of his/her
legitimate medical practice.
EQ participate in drug/alcohol counseling/treatment and submit to drulg/alcohol testing, including breathalyzer testing
and make copayrnent toward the cost as directed by U. S. Pretrra Services.
U 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 weapon or ammunition.
B maintain weekly contact with hisfher counsel by Friday, noon of each week with Candace Kent
I] shall timetly pay hisfher monthly child support payments as previously ordered by the subject state court in the total
amotmt o 5
I] The defendant shall actively participate in any mental health treatment prggrgarn as directedby Pretrial Services.
The defendant shall comp y with all treatment requirements mcludmg t ng all medication as prescribed by
his/her mental health care provider.
H The defendant shall not operate a motor vehicle without a valid AZ Driver's License.
Case 2:O4—cr—OO677-FJIVI Document 6 Filed O5/O4/2006 Page 1 of 2

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 imprisomnent of not
more than one year if the offense is a misdemeanor. This sentence shall be consecutive to any other term of imprisonment.
Title 18 U.S.C. @1503 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 tine
to intimidate a juror or ofiicer 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 te obstruct a criminal investigation; Title lt} U.S.C._§_ 512 makes it a criminal
offense punishable by imprisomnent for life or by death, or, depending u(pon the specific provisions of the section by not
more than twenty years or by not more than ten years and a $250, 0 fine for tampering with a witness, victim or
informant; or by intentionally harassing another person and thereby hindering fdelayjing {preventing er drssuadrng any
person from attending or testifying 1n an official proceedmg or otherwise v1olat1ng_ e seetion 1S punishab e by
imprisonment for not more than one year and a $250,0 0 fine; and 18 U.S.C. §l5 13 makes ll a criminal offense punishable
by rmprisomnent for life or by death, or, depending upon the s ecific provisions ofthe sect1on not more than twenty years
or by not more than ten years of imprisonment, a fine of $i250,00 , or both, to retaliate against a witness, victim or
informant, or threaten or attempt to do so.
It is a criminal offense nnder 18 U.S.C. §3l46, if after having been released, the defendant knowingly fails to
appear as required by the condrtrons of release, or to surrender for the service of sentence (pursuant to a court order. If the
de endant was released 1n conneetren with a charge of] or while awaiting sentence, surren er for the service of a sentence,
or appeal or certiorari after conviction, for:(l) an offense (punishable by death, life imprisonment, or imprisonment for a
term of fifteen years or more, the defendant shall be fine not more than $250,000 or implrisoned for not more than ten
years, or both;% ) an offense punishable by imprisomnent 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 imprisoned 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
mipnsonment for any other offense. In addition, a failure to appear may result IH the forfeiture of any bail posted.
If the person was released for appearance as a material witness, a line 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 cendrtrons of release, to appear as directed, and to surrender for service of any sentence imposed. I am aware of
the penalties and sanctions set fo above. i
DATE , L ·—-O 6 SIGNATURE OF DEFENDANT ‘ u _
S I ‘ g` ..211..- .- A4;-
Custodian agrees to (a) supervise the defendant in accordance with all conditions of release, fb) 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 v1olates_ any condition of release or disappears. We, the undersigned, have read and tmderstand the terms
of this bond and condrtrons of release and acknowledge that we are bound by It until duly exonerated.
I SIGNATURE OF CUSTODIAN(S)
Directions to United States Marshal:
E The defendant is ORDERED released after processing. if
El The United States Marshal is ORDERED to keep the = · · dant ` cust y ilnotified by the clerk or judicial
officer that the defendant has posted bond and/orlw. rlre it with .ll ot if. o·d1t1ons of release.
DATE: I- L LA li J ’ /
I I r* -1*IV ._ V •‘
Umted States Magistrate Judge
USA, PTS/PROB, USM, DEFT, DEFT ATTY
Case 2:O4—cr—OO677-FJIVI Document 6 Filed O5/O4/2006 Page 2 of 2

Case 2:04-cr-00677-FJM

Document 6

Filed 05/04/2006

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Case 2:04-cr-00677-FJM

Document 6

Filed 05/04/2006

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