Order Pursuant to Rule 5(f)1, Order Setting Conditions of Release — USA v. Bruey et al. (Dkt. 14-1, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:21-mj-01109-KS · Doc. 4 · 2021-09-02 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
1257+(51DIVISION
No. 1-MJ-1109-1KS
UNITED STATES OF AMERICA,
v.
AMBER REWIS BRUEY,
Defendant.
)
)
)
)
)
)
)
ORDER
Pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the 
Due Process Protections Act, Pub. L. No. 116-182, 134 Stat. 894 (Oct. 21, 2020), the court hereby 
confirms the government’s disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963), 
and its progeny. See Brady, 373 U.S. at 87 (“[T]he suppression by the prosecution of evidence 
favorable to an accused upon request violates due process where the evidence is material either to 
guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”). Failure by 
the government to comply with its disclosure obligation could result in such consequences as
exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt 
proceedings, or imposition of sanctions.        
SO ORDERED, this nd day of September, 2021.
_________________________
KIMBERLY A. SWANK
United States Magistrate Judge
__________
__
__
_________________
KIMBERLY A SWANK
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AO 199A (Rev. 06/19) Order Setting Conditions of Release/ 
(Rev. in ED/NC on 1/2020) Additional Conditions of Release 
UNITED STATES DISTRICT COURT 
United States of America 
v. 
for the 
Eastew District of North Carolina 
Page I of 
AMBER REWIS BRUEY 
) 
) 
) 
) 
) 
CaseNo. 2:21-MJ-1109-1KS 
Defendant 
ORDER SETTING CONDITIONS OF RELEASE 
IT IS ORDERED that the defendant's release is subject to these conditions: 
(1) The defendant must not violate federal, state, or loc<J,l law while on release. 
4 
Pages 
(2) 
The defendant must cooperate in the collection of a DNA sample ifit is authorized by 34 U.S.C. § 40702. 
(3) 
The defendant must advise the court or the pretrial services office or supervising officer in writing before making 
any change of residence or telephone number. 
-
( 4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that 
the court may impose. 
The defendant must appear at: 
Middle District of Florida 
on 
9/17/2021 2:00 pm 
Date and Time 
If blank, defendant will be notified of next appearance. 
(5) 
The defendant must sign an Appearance Bond, if ordered. 
Place 
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AO 199B (Rev. 12/20) Additional Conditions of Release 
Page 2.__ of ~ 
Pages 
ADDITIONAL CONDITIONS OF RELEASE 
Pursuant to 18 U.S.C. § 3142(c)(l)(B), the court may impose the following least restrictive condition(s) only as necessary to reasonably assure the 
appearance of the person as required and the safety of any other person and the community. 
IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below: 
( D) (6) 
The defendant is placed in the custody of: 
Person or organization 
Address (only if above is an organization) 
City and state -----------------,---c------,-,-----
Tel. No. ____________ _ 
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court 
immediately if the defendant violates a condition of release or is no longer in the custodian's custody. 
Signed: _______________ _ 
Custodian 
Date 
( 18] ) (7) 
The defendant must: 
( [2Sl ) (a) submit to supervision by and report for supervision to the 
US Probation Office 
---------------------
telephone number 
_______ , no later than 
( D) (b) continue or actively seek employment. 
( D) (c) continue or start an education program. 
( 18]) (d) surrender any passport to: 
us Probation Office 
------------~--------------------------
( 18]) (e) not obtain a passport or other international travel document. 
( 18l.) (f) abide by the following restrictions on personal association, residence, or travel: 
not travel outside the EDNC except for travel to MDFL for court 
appearances or appointments with counsel as approved in advance by the US Probation Office 
( D) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, 
including: 
( D ) (h) get medical or psychiatric treatment: 
( D ) (i) return to custody each ----- at ____ o'clock after being released at _____ o'clock for employment, schooling, 
or the following purposes: 
( D ) (j) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers 
necessary. 
( l8l ) (k) not possess a firearm, destructive device, or other weapon -See page 3, Section U, if this condition applies 
(D ) (I) not use alcohol ( D ) at all ( D ) excessively. 
( D ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed 
medical practitioner. 
· 
( D ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with 
random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of 
prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy 
of prohibited substance screening or testing. 
( D) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if dir~cted by the pretrial services office or 
supervising officer. 
( D ) (p) participate in one of the foilowing location restriction programs and comply with its requirements as directed. 
( D ) (i) Curfew, You are restricted to your residence every day ( D ) from _____ to ____ , or ( D ) as 
directed by the pretrial services office or supervising officer; or 
( D) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; 
medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other 
activities approved in advance by the pretrial services office or supervising officer; or 
( D) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-dqwn at your residence except for medical necessities and 
court appearances or other activities specifically approved by the court; or 
( D) (iv) Stand Alone Monitoring. You have no residential curfew, home detention, or home incarceration restrictions. However, 
you must comply with the location or travel restrictions as imposed by the court. 
Note: Stand Alone Monitoring should be used in conjunction with global positioning system (GPS) technology. 
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Case 2:21-cr-00074-TPB-K_D     Document 14-1     Filed 09/02/21     Page 3 of 14 PageID 46

AO 199B (Rev. 12/20) Additional Conditions of Release 
Page 2__ of ±__ Pages 
ADDITIONAL CONDITIONS OF RELEASE 
( D) (q) submit to the following location monitoring technology and comply with its requirements as directed: 
(0 ) (i) 
Location monitoring technology as directed by the pretrial services or supervising officer; or 
(0) (ii) 
Voice Recognition; or 
(D ) (iii) Radio Frequency; or 
(• ) (iv) GPS. 
( D) (r) pay all or part of the cost oflocation monitoring based upon your ability to pay as determined by the pretrial services or supervising 
officer. 
(•) 
(s) report as soon as possible, to the pretrial services or supervising officer, every contact with law enforcement personnel, including arrests, 
questioning, or traffic stops. 
( •) 
(t) 
submit to warranUess searches by US Probation of your person. residence (including any third-party custodian's residence), or any vehicle in which you are the passenger or driver of in 
order to determine whether you are in compliance with the terms and conditions of this Order. 
I 
(X) 
(u) There shall be no firearms, destructive devices, or other weapons in defendant's residence, including the residence of any third-party 
custodian. (see page 2, paragraph k) 
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AO 199C (Rev. in ED/NC on 6/11/14) Advice of Penalties 
Page 
4 
of 
4 
Pages 
ADVICE OF PENALTIES AND SANCTIONS 
TO THE DEFENDANT: 
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: 
Violating any of the foregoing conditions ofrelease may result in the immediate issuance of a warrant for your arrest, a 
revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in 
imprisonment, a fine, or both. 
While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years 
and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be 
consecutive (i.e., in addition to) to any other sentence you receive. 
It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; 
tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt 
to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are 
significantly more serious if they involve a killing or attempted killing. 
If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, 
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: 
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more -you will be fined 
not more than $250,000 or imprisoned for not more than 10 years, or both; 
(2) an offense punishable by, imprisonment for a term of five years or more, but less than fifteen years -you will be fined not 
more than $250,000 or imprisoned for not more than five years, or both; 
(3) any other felony - you will be fined not more than $250,000 or imprisoned not more than two years, or both; 
( 4) a misdemeanor - you will be fined not more than $100,000 or imprisoned not more than one year, or both. 
A term of imprisonment imposed f9r failure to appear or surrender will be consecutive to any other sentence you receive. In 
addition, a failure to appear or surrender may result in the forfeiture of any bond posted. 
Acknowledgment of the Defendant 
I acknowledge that I am the defendant in this case and that I am aware of the conditions ofrelease. I promise to obey all conditions 
ofrelease, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above. 
Defendant'sSignejF 
GREENVILLE, NC 
City and State 
Directions to the United States Marshal 
( X ) The defendant is ORDERED released after processing. 
( 
) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant 
has posted bond and/or complied with all other conditions for release. f still in custody, the defendant must be produced before 
the appropriate judge at the time and place specified. 
Date: 
9/3/2021 
-----------
KIMBERLY A. SWANK, US MAGISTRATE JUDGE 
Printed name and title 
DISTRIBUTION: 
COURT 
DEFENDANT 
PROBATION OFFICE 
U.S. ATTORNEY 
U.S. MARSHAL 
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
1257+(51DIVISION
No. 1-MJ-1109-2KS
UNITED STATES OF AMERICA,
v.
ANTHONY JAMES BRUEY,
Defendant.
)
)
)
)
)
)
)
ORDER
Pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the 
Due Process Protections Act, Pub. L. No. 116-182, 134 Stat. 894 (Oct. 21, 2020), the court hereby 
confirms the government’s disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963), 
and its progeny. See Brady, 373 U.S. at 87 (“[T]he suppression by the prosecution of evidence 
favorable to an accused upon request violates due process where the evidence is material either to 
guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”). Failure by 
the government to comply with its disclosure obligation could result in such consequences as
exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt 
proceedings, or imposition of sanctions.        
SO ORDERED, this nd day of September, 2021.
_________________________
KIMBERLY A. SWANK
United States Magistrate Judge
__________
__
__
_________________
KIMBERLY A SWANK
Case 2:21-mj-01109-KS   Document 9   Filed 09/03/21   Page 1 of 1
Case 2:21-cr-00074-TPB-K_D     Document 14-1     Filed 09/02/21     Page 8 of 14 PageID 51

AO 199A (Rev. 06/19) Order Setting Conditions of Release/ 
(Rev. iil ED/NC on 1/2020) Additional Conditions of Release 
UNITED STATES DISTRICT COURT 
United States of America 
v. 
for the 
Eastern District of North Carolina 
Page I of 
ANTHONY JAMES BRUEY 
) 
) 
) 
) 
) 
Case No. 2:21-MJ-1109-2KS 
Defendant 
ORDER SETTING CONDITIONS OF RELEASE 
IT IS ORDERED that the defendant's release is subject to these conditions: . 
(1) The defendant must not violate federal, state, or local law while on release. 
4 
Pages 
(2) 
The defendant must cooperate in the collection of a DNA sample if it is authorized by 34 U.S.C. § 40702. 
(3) 
The defendant must advise the court or the pretrial services office or supervising officer in writing before making 
any change of residence or telephone number. 
( 4) 
The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that 
the court may impose. 
The defendant must appear at: 
Middle District of Florida 
on 
9/17/2021 2:00 pm 
Date and Time 
If blank, defendant will be notified of next appearance. 
(5) 
The defendant must sign an Appearance Bond, if ordered. 
/ 
Place 
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Case 2:21-cr-00074-TPB-K_D     Document 14-1     Filed 09/02/21     Page 9 of 14 PageID 52

AO 199B (Rev. 12/20) Additional Conditions of Release 
Page 2._ of ~ 
Pages 
ADDITIONAL CONDITIONS OF RELEASE 
Pursuant to 18 U.S.C. § 3142(c)(l)(B), the court may impose the following least restrictive condition(s) only as necessary to reasonably assure the 
appearance of the person as required ai;id the safety of any other person and the community. 
IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below: 
( D) (6) 
The defendant is placed in the custody of: 
Person or organization 
Address (only if above is an organization) 
City and state -------,-,-------,-,------,--.,---c---:--:-----
Tel. No. ____________ _ 
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court 
immediately if the defendant violates a condition ofrelease or is no longer in the custodian's custody. 
Signed: _______________ _ 
Custodian 
Date 
( [8] ) (7) 
The defendant must: 
( [8] ) (a) submit to supervision by and report for supervision to the 
_U_S_P_r_o_ba_li_on_O_ffi_ce ______________ _ 
telephone number 
_______ , no later than 
( D) (b) continue or actively seek employment. 
( 0) (c) continue or start an education program. 
( [8] ) ( d) surrender any passport to: 
us Probation Office 
---------------------------------------
( [8]) (e) not obtain a passport or other international travel document. 
/ 
( [8] ) (f) abide by the following restrictions on personal association, residence, or travel: 
not travel outside the EDNC except for travel to MDFL for court 
appearances or appointments with counsel as approved in advance by the US Probation Office 
( D) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, 
including: 
( D ) (h) get medical or psychiatric treatment: 
( tJ ) (i) return to custody each -----
or the following purposes: 
at 
o'clock after being released at 
----
_____ o'clock for employment, schooling, 
( D ) (j) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers 
necessary. 
( l8J ) (k) not possess a firearm, destructive device, or other weapon -See page 3, Section U, if this condition applies 
( D ) (1) not use alcohol ( D ) at all ( D ) excessively. 
( D ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed 
medical practitioner. 
( D ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with 
random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of 
prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy 
of prohibited substance screening or testing. 
( D) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or 
supervising officer. 
( D) (p) participate in one of the following location restriction programs and comply with its requirements as directed. 
( D) (i) Curfew. You are restricted to your residence every day ( D) from _____ to ____ , qr ( D ) as 
directed by the pretrial services office or supervising officer; or 
1 
( D) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; 
medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other 
activities approved in advance by the pretrial services office or supervising officer; or 
( D) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and 
court appearances or other activities specifically approved by the court; or 
( D) (iv) Stand Alone Monitoring. You have no residential curfew, home detention, or home incarceration restrictions. However, 
you must comply with the location or travel restrictions as imposed by the court. 
Note: Stand Alone Monitoring should be used in conjunction with global positioning system (GPS) technology. 
Case 2:21-mj-01109-KS   Document 12   Filed 09/03/21   Page 2 of 4
Case 2:21-cr-00074-TPB-K_D     Document 14-1     Filed 09/02/21     Page 10 of 14 PageID
53

AO 199B (Rev. 12/20) Additional Conditions of Release 
ADDITIONAL CONDITIONS OF RELEASE 
( D) (q) submit to the following location monitoring technology and comply with its requirements as directed: 
(0 ) (i) 
Location monitoring technology as directed by the pretrial services or supervising officer; or 
(0 ) (ii) 
Voice Recognition; or 
(0 ) (iii) Radio Frequency; or 
(• ) (iv) GPS. 
Page 2__ of ~ 
Pages 
( D ) (r) pay all or part of the cost of location monitoring based upon your ability to pay as determined by the pretrial services or supervising 
officer. 
(•) 
(s) report as soon as possible, to the pretrial services or supervising officer, every contact with law enforcement personnel, including arrests, 
questioning, or traffic stops. 
( •) 
(t) submit to warranUess searches by US Probation of your person, residence (including any third-party custodian's residence), or any vehicle in which you are the passenger or driver of in 
order to determine whether you are in compliance with the terms and conditions of this Order. 
(X) 
(u) There shall be no firearms, -destructive devices, or other weapons in defendant's residence, including the residence of any third-party 
custodian. (see page 2, paragraph k) 
Case 2:21-mj-01109-KS   Document 12   Filed 09/03/21   Page 3 of 4
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54

AO 199C (Rev. in ED/NC on 6/11/14) Advice of Penalties 
ADVICE OF PENALTIES AND SANCTIONS 
TO THE DEFENDANT: 
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: 
Page 
4 
of 
4 
Pages 
Violating any of the foregoing conditions ofrelease may result in the immediate issuance of a warrant for your arrest, a 
revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in 
imprisonment, a fine, or both. 
While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years 
and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be 
consecutive (i.e., in addition to) to any other sentence you receive. 
It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; 
tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt 
to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are 
significantly more serious if they involve a killing or attempted killing. 
If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, 
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: 
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more - you will be fined 
not more than $250,000 or imprisoned for not more than 10 years, or both; 
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years -you will be fined not 
more than $250,000 or imprisoned for not more than five years, or both; 
(3) any other felony - you will be fined not more than $250,000 or imprisoned not more than two years, or both; 
(4) a misdemeanor - you will 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 will be consecutive to any other sentence you receive. In 
addition, a failure to appear or surrender may result in the forfeiture of any bond· posted. 
Acknowledgment of the Defendant 
I acknowledge that I am the defendant in this case and that I am aware of the conditions ofrelease. I promise to obey all conditions 
of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above. 
GREENVILLE, NC 
City and State 
Directions to the United States Marshal 
( X ) The defendant is ORDERED released after processing. 
( 
) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant 
has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before 
the appropriate judge at the time and place specified. 
'Date: 
9/3/2021 
-----------
KIMBERLY A. SWANK, US MAGISTRATE JUDGE 
Printed name and title 
DISTRIBUTION: 
COURT 
DEFENDANT 
PROBATION OFFICE 
U.S. ATTORNEY 
U.S. MARSHAL 
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