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

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United States ;Diirtrict Court-District of Arizonn
Order Setting Conditions of Release
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DATE 7,*15/2005 CASE NUMBER Q3 04-00162 004 PHX SRB A Fu-ED __ LODGE.)
USA vs. Qoseph P. Smith [H ___ REGENED __F___ COPY
E PERSONAL RECOGMZANCE ‘ -;
U AMD§JNT OF BOND JUL 1 5 2005 ‘
UNSE URED
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NEXT APPEARANCE or as directed through counsel BY·-·--········""“' .
U 401 West Washington St., Phoenix, AZ, Courtroom #+, 9 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.
% immlediately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
num er.
% 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 oti Marico a _ _ .
except Defendant may ave rec y 0 e prjosecu rgg is c , an u a states an counties rn etween e
District of Arizona and the prpsecutmgdrstrrct, for ourt purposes and awyer conferences only unless express
PRIOR Court or Pretrial Services permission rs granted to do so.
El avoid all direct or indirect contact with E/ersons who are considered alleged victimgsydpotential witness(es), faniilg
members of vict1m(sl)/w1tness(es), an or ( ) the custodialparent, except De en ant may commumcate wr
custodial parent sole y for visitation proposes with hrsfher mnror child(dren):
E report as directed to the U.S. PRETRLAL SERVICES 1-800-769-7609 or 602-322-7350.
ij report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of
Supervised Release/Probation.
EI executl an agreement to forfeit upon failing to appear as required, the bond or designated
, prope : _
l EI Defendant is placed in the third party custody of
E refrain from E arg [I excessive use of alcohol and not use or possess indy narcotic or othercontrolled substance
- defined by 21 US 802 unless prescribed for defendant by a licensed rn ical practitioner in the course of hisfher
T legitimate medical practice.
IE participate in drug/alcohol counseling/treatment and submit to druag/alcohol testing, including breathalyzer testing
and make copayment toward the cost as directed by U. S. Pretri Services.
EI surrender any passport to the Clerk of the Court by
EI obtain no passport.
_ B not possess or attempt to acquire any firearm, destructive device, or other dangerous weapon or ammunition.
H maintain weekly contact with hisfher counsel by Friday, noon of each week with Carmen L. Fischer
El shall timely pay his/her monthly child support payments as previously ordered by the subject state court in the total
_ amount 0 S -
I] The defendant shall actively participate in any mental health treatment prggam as directed _by Pretrial Services.
The defendant shall comp y with l treatment requirements rncludmg ng all medication as prescribed by
his/her mental health care provrder.
E Reside by virtue of placement at gggvegg Homes.
Case 2:04—cr—00162-SRB Document 98 Filed O7/15/2005 Page 1 of 3

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ADVICE bl? PENALTIES AND SANCTIONS
The commission of any offense while on release may_result in an additional sentence upon conyiction for such
offense to a term of rmprisomnent of not more than ten years if the offense is a felony or a term of imprieonment of not
more than one year if the offense rs a misdemeanor. This sentence shall be consecutive to any other term of imprisonment.
Title l_8 U.S.C. §l503 makes it a criminal offense punishable by imprisonment for life or by death, or, degending
upon the specific provisions ofthe section not_more than twenty years or by not more than ten years, and a $250, 00 fine
to rntrnndate a juror or officer of the court; Title 18 U.S.C: §l5 0 makee it a criminal offense punishable `oy upto five
years imprisonment and a $250,000 fine to obstruct a criminal investigation; Title l$ U.S.C. § 512 makes rt a criminal
offense punishable by imprisonment 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, vrotrm or
mformant; or by intentionally harassing another person and thereby hindering ldelayrng {preventing or drsstiadmo any
person from attending or testifying in an official groceedmgl or otherwise v1olating_ e seotron is pumshab e by
imprisonment for not more than one year and a $250,0 0 fine; an _l8 U.S.C. §l5 13 makes rt acnminal offense punishable
by imprisonment for life or by death, or, depending upon the epeciiic Srovrsions ofthe section not more than twenty years
orfby not morteu than ten years of mcoprisonment, a fine of 250,00 , or both, to retaliate against a witness, vrctrm or
in ormant, or eaten or attempt to o so.
It is a criminal offense under 18 U.S.C. §3l46, if after having been released, the defendant knowinlggly fails to
opoear as required by the conditions of release, or to surrender for the service of sentence (pursuant to a court o er. If the
e endant was released in conneotron with a charge of] or while awaiting sentence snrren er for the service of a sentence,
or appeal or certiorari alier conviction, for:(1) an offensegumshable by death, life rmpnsoninent, or imprisonment for a
term of fifteen years or more, the defendant shall be fin not more than $250,000 or rmglrrsoned for not more than ten
years, or both;% ) an offense punishable by imprrsomnent for a term of tive 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 iined
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 ehall be consecutive to the sentence of
imprisonment for any other offense. In addition, a failure to appear may result rn 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 DEFENDAN T
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 conditions of release, to appear as directed, and to surrender for service of any sentence imposed. Iam aware of
the penalties and sanctions set forth above.
DATE -7 { 3/ O 5-’ SIGNATURE OF DEFENDANT I { uu
I
Custodian agrees to (a) supervise the defendant in accordance with all conditions _of release, (Zb) to use every effort to
assure the appearance ofthe defendant at all scheduled court proceedings, and to notify the court immediately rn 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.
` SIGNATURE OF CUSTODIAN(S}
Directions to United States Marshal: I
E The defendant is ORDERED released after processing.
[II The United States Marshal is ORDERED to keep the defendant. ustody until _notified y the clerk or judicial
officer that the defendant has posted bond and/or complied wi . l other conditions o ele .. e.
Q if
DATE: 7/ 15/ 005 .
_ ••· wurgrve A ‘ 1*
United Stat agistrate Judge -
USA, PTS/PROB, USM, DEFT, DEFT ATTY
Case 2:04—cr—00162-SRB Document 98 Filed 07/15/2005 Page 2 of 3

a· - · ‘*
ORDER SETTING ADDITIONAL CONDITIONS OF RELEASE
CASE NUMBER CR 04—00I62—004-PHX-SRB USA v. Jgsgh P. Smig Q
IT IS ORDERED the defendant shall remain and reside by virtue of placement at:
EI Behavioral Systems Southwest, 2420 E. Roosevelt, Phoenix, Arizona; -
EI Native American Connections, Inc.,
EI Indian Rehabilitation (Men’s Facility) 636 N. 3“' Ave, Phoenix, Arizona
EI Guiding Star Lodge (W omen’s Facility) 3424 E. Van Buren, Phoenix, Arizona
I] Whispering Palms (Halfway House) 1650 E. Georgia Ave., Phoenix, Arizona _
E Recovery Homes, Inc., 266 E. 2“‘, Mesa, Arizona
y Cl
FURTHER ORDERED the defendant shall follow all program requirements including the directions of all staff ‘
members.
FURTHER ORDERED the defendant be required to make a copayment to an amount to be determined by the Pretrial
y Services Officer but in no event to be more than 50% of net income to the halfway house each pay period until placement
q is terminated.
FURTHER ORDERED the defendant shall submit to drug and/or alcohol treatment, not limited to urinalysis and
Breathalyzer tests, at the discretion of Pretrial Services. The defendant shall make a copaymcnt directly to the agency
contracted by Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by
Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by Pretrial Services,
not to exceed the total cost of services rendered, each month until these services are terminated.
I FURTHER ORDERED the defendant shall participate in all program requirements as directed by Pretrial Services. .
- The U.S. Marshal is directed to bring the defendant bag and baggage to the Courthouse on
For release from the U.S. Marshal’s office at 9:00 a.m.
Defense counsel is to arrange for the defendant’s transportation to the halfway house.
ACKNOWLEDGMENT OF DEFENDANT
DATED THIS LJ DAY OF gl O , O
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