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

· ’ ` United States District Court--District of Arizona - Phoenix
Order Setting Conditions of Release
DATE: 5/14/2008 CASE NUMBER: CR 04-00211-001-PHX-DGC
USA vs. Deo Tracy Terpening FILED _ LODG ED
Bl PERSONAL RECOGNIZANCE —` RECENED "— COPY
E1 AMOUNT OF BOND
¤ UNSECURED MAY 1 4 2008
El SECURED BY
SECURITY TO BE POSTED BY CLEFIK US DISTRICT COURT
NEXT APPEARANCE 6/2/2008 or as directed through counsel DISTRICT OF ARIZONA
E 401 West Washington St., Phoenix, AZ, Courtroom #603, 6th 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:
IZ 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.
IZ maintain or actively seek verifiable employment if defendant is physically or medically able and provide proof of
such to Pretrial Services.
El not travel outside of:
except Defendant may travel directly to the prosecuting drstrrct, and tlifougli all states and counties 1n Between the
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.
El avoid all direct or indirect contact with 5/ersons who are considered alleged victim§s),dpotential witness(es), family
members of victim(s)/witness(es), an or ( ) the custodialparent, except De en ant may communrcate wit
custodial parent solely for visitation purposes with his/her minor ch1ld(dren):
El report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602—322—7350.
E report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of
Supervrsed Release/Probation.
E] execultp an agreement to forfeit upon failing to appear as required, the bond or designated
prope y:
I] Defendant is placed in the third party custody of
E refrain from E ang El excessive use_of alcohol and not use or possess any narcotic or other controlled substance
defined by 21 US 802 unless prescribed for defendant by a lrcensed me ical practitioner in the course of his/her
legitimate medical practice.
E participate in drug/ alcohol counseling/treatment and submit to dn1ig/ alcohol testing; including)breathalyzer testing
and make copayment toward the cost as directed by U. S. Pretria Servrces/U.S. robation ffice.
El surrender any passport to the Clerk of the Court by
Cl obtain no passport.
El 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 Jeanette E. Alvarado
El shall timely pay his/her monthly child support payments as previously ordered by the subject state court in the total
amount o 5
El The defendant shall actively participate in any mental health treatment prggrarn as directed by Pretrial Services.
The defendant shall comply with all treatment requirements including t ing all medication as prescribed by
his/her mental health care provider.
El Defendant is to report to the U.S. Probation Office for drug testing immediately upon release.
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· · · 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 1f the offense 1S 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 imprisomnent.
Title 18 U.S.C. §1503 makes it a criminal offense punishable by imprisomnent 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 ycars,_ and a $250, 00 fine
to intimidate a juror or officer of the court; Title 18 U.S.C. §15 0 makes lt a criminal offense punishable by up to five
years imprisomnent and a $250,000 fine to obstruct a criminal investigation; Title 18 U.S.C. _§_ 512 makes it a criminal
offense punishable by imprisomnent for life or by death, or, depending u(pon 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 with a witness, victim or
informant; or by intentionally harassing another person and thereby hindering /delayrng /plreventrng or dissuadrng any
person from attending or testifying in an official proceeding or otherwise violating t e section rs ptmishab e by
imprisonment for not more than one year and a $250,0 0 fine; and 18 U.S.C._§1513 makes it a criminal offense punishable
by rmprisonrnent 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 of imprisomnent, 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. §3146, 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 court order. If the
defendant was released in connection with a charge of, or while awaiting sentence, surren er for the service of a sentence,
or appeal or certiorari after conviction, for:(1) an offense (punishable by death, life imprisonment, or imprisomnent for a
term of fifteen years or more, the defendant shall be fine not more than $250,000 or imerisoned 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 fined
not more than $100,000 or imprisoned not more than one year, or both.
_ A term of imprisomnent imposed for failure to appear or surrender shall be consecutive to the sentence of
imprisomnent 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 of the conditions of release. I promise to
obey all cenditions 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, (b) 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 understand the terms
of this bond and conditions of release and acknowledge that we are bound by rt until duly exonerated.
I SIGNATURE OF CUSTODIAN(S)
Directions to United States Marshal:
E The defendant is ORDERED released after processing. §
I] The United States Marshal is ORDERED to keep the defend · a · tody until notified by the clerk or judicial
officer that the defendant has posted bond and/or compl1· r • — conditions of release.
/ •. ’ ·
DATE: 5/14/2008 0 _
.
United States Magistrate Judge
USA, PTS/PROB, USM, DEFT, DEFT ATTY
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