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

. Q United States District Court--District of Arizona - Phoenix
"" Order Setting Conditions of Release
DATE: 2fl6/2006 CASE NUMBER: CR 03-01167-001 Q FILED _— LOGGED
USA vs. Robert S. McKay Rggiggvgg #______ GQPY
E PERSONAL RECOGNIZANCE
E1 Amonnr or sono (-Q] FEB 1 6 ZUU6
E1 uivsscunno
lj SECURED BY CLl5fi*l< U S lJiSTFllCS`i" tQOLll¥T
SECURITY TO BE POSTED BY DISTRICT OF ARIZONA
NEXT APPEARANCE May 15, 2006 at 1:30 pm or as directed through counsel BY EPUTY
E 40l West Washington St., Phoenix, AZ, Courtroom #603, 6th Floor
1:] Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd Floor
IT IS ORDERED THAT DEFENDANT IS SUBJECT TO THE FOLLOWING CONDITIONS AND SHALL:
K1 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 immediately advise the court, defense counsel and U.S. Attorney in writing of change in address/telephone
number.
1] maintain or actively seek verifiable employment if defendant is physically or medically able and -provide proof of
such to Pretrial Services.
lil not travel outside of:
except Defendant may travel directlyto the prosecuting district, and through all states and counties in 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.
lg avoid all direct or indirect contact with ersons who are considered alleged victim s), otential vvitness(es), family
membersofvictim(s)/witness(es},angler- -- -.-uz ;..-- ; ··.· :—·· an ;· ·;ee . ·:- ..
E report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602-322-7350.
El report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of
Supervised Release/Probation.
1:1 execute an agreement to forfeit upon failing to appear as required, the bond or designated
l property:
1:1 Defendant is placed in the third party custody of
E refrain from 1:1 aigy H excessive use of alcohol and not use or possess andy narcotic or other controlled substance
T defined by 21 US 802 unless prescribed for defendant by a licensed me ical practitioner in the course of his/her
legitimate medical practice.
A 1:1 participate in drug/alcohol counseling/treatment and submit to dru falcohol testing, including breathalyzer testing
p and make copayment toward the cost as directed by U. S. PretriaF Services.
1 Cl surrender any passport to the Clerk ofthe Court by
1] obtain no passport.
El not possess or attempt to acquire any firearm, destructive device, or other dangerous weapon or ammunition.
IE maintain weekly contact with hisfher counsel, Barbara Hull, by Friday, noon of each week.
E1 shall timely pay his/her monthly child support payments as previously ordered by the subject state court in the total
amount of 5 I
E1 The defendant shall actively participate in any mental health treatment program as directed by Pretrial Services.
The defendant shall comply with all treatment requirements including ta ing all medication as prescribed by
liisfher mental health care provider.
El
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_ 2 ADVICE OF PENALTIES AND SANCTIONS
` ` }· •·
The commission of any offense while on pretrial release may result in an additional sentence upon conyiction 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 imprisonment.
Title l_8 U.S.C. 1 503 makes it a criminal offense punishable by imprisonment for life or by death, or, depending
upon the specific provisions ofthe section not_more than twenty years or by not more than ten years,_ and a $250, 00 fine
to intimidate ajuror or officer ofthe 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 to obstruct a criminal investigation; Title 18 U.S.C. § 512 makes it a criminal
ollense punishable by imprisonment for life or by death, or, depending npon 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 fdelaying fplreventing or dtssnadinn any
person from attending or testifying in an official proceeding or otherwise violatingt e section is pumshab e by
imprisonment for not more than one year and a $250,0 0 fine; and 18 U.S .C. § 15 13 makes it a criminal offense punishable
by imprisonment for life or by death, or, depending upon the specific 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, victim or
informant, or threaten or attempt to do so.
It is a criminal offense nnder 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 Cpursuant to a court order. If the
defendant was released i n connection with a charge of, or while awaiting sentence, surren er for the service of a sentence,
or appeal or certiorari alter conviction, for:(l) an offensetpunishable by death, life imprisonment, or imprisonment for a
term of fifteen vears or_niore, the defendant shall be fine not more than $250,000 or imnlrisoned for not more than ten
years. or both;(2) an oflense punishable by imprisonment for a term offive 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 imprisonment imposed for failure to appear or surrender shall be consecutive to the sentence of
p imprisonment for any other offense. In addition, a failure to appear may result in the forfeiture of any bail posted.
lf the person was released for appearance as a material witness, a fine as provided by law or imprisonment for not
n more than one year, or both.
ACKNOWLEDGMENT OF DEFENDANT
I acknowledge that 1 am the defendant in this case and that 1 am aware of the conditions of release. 1 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 ( _ '
Z/606 _;»!,/{/·*
Custodian agrees to (a) supervise the defendant in accordance with all conditions of rel se, (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 delendant 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 CUSTODlAN(S)
Directions to United States Marshal:
lg The defendant is ORDERED released after processing.
El The United States Marshal is ORDERED to keep the defendant in custody until notified by the clerk orjudicial
officer that the defendant has posted bond nd/or complied with all other conditions of release.
DATE: 2/l 6.’2006
United Stateslh/lagistrate Judge
USA, PTS/PROB, USM, DEPT, DEFT ATTY
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Case 2:03-cr-01167-DGC

Document 1278

Filed 02/16/2006

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Case 2:03-cr-01167-DGC

Document 1278

Filed 02/16/2006

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