Court filing
$50,000 PSB Bond Entered as to Arashio Harris Approved — USA v. Harris (Dkt. 8, S.D. Fla.)
Filed July 26, 2023 in USA v. Harris; one of 8 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-07-26 |
U.S. District Court for the Southern District of Florida · No. 1:23-cr-20295-CMA · Doc. 8 · 2023-07-26 · Docket on CourtListener
Full text
'i (Revised 03/2020) UNITED STATES DISTRICT COURT SOUTH ERN DISTRICT OF FLO RIDA APPEARANCE BOND : CASE No.: 2 ? , a.o a; J- -Cp -.+//om.z< (.X œ(<a UNITED STATES OF AW RICA : Plaintiff, USM #: Defendant, - -I&rr35 , #c. ,çà ,'o / 1 , 1, the tmdersigned defendant and I or we, the lmdersigned sureties, jointly and severally aclcnowledge that we and our personal representatives,jointly and severally, are botmd to pay the Uzlited SGtes of Americao the sllm of $ : n0o STANDAR D CONDITIONS OF BOND The conditions of this bond are that the defendant: 1. Shall appear before this Court and at such other places as the defendant m ay be required to appear, in accordance with any and a11 orders and directions relating to the defendant's appearance in this case, including appearance for violation of a condition of the defendant's release as m ay be ordered or notified by this Court or any other United States District Court to which the defendant may be held to answer or the cause transferred. The defendant is required to ascertain f'rom the Clerk of Court or defense cotmsel the tim e and place of al1 scheduled proceedings on the case. ln no event m ay a defendant assllm e that his or her case has been dismissed llnless the Court has entçred an order of dism issal. The defendant is to ab . ide by any judgment. entçred. in such matter by surrendeling to serve any sentence imposed and obeying any order or direction in conùection with suchjudgment. Tlzis is a continuing bond, including any proceeding on appeal or review, which shall remain in full force and effect until such tim e as the Court shall order otherwise. 2. May not travel outside the Southern District of Florida llnless otherwise approved by the Cotu't prior to any such travel. The Southern District of Flodda consists of the following cotmties: Brow ard, Highlands, lndian . ' River, M artin, M inml-Dade, M onroe, Okeechobee, Palm Beach and St. Lucie. 3. M ay not change his/her present address without prior notitk ation and approval from the U .S. Probation Oftk er or the Court. 4. M ust cooperate with law enforcem ent officers in the collection of a DNA snm ple if the collection is required by 42 U .S.C. Section 14135a. 5. M ust not violate any federal, state or local law while on release in this case. Should the defendant com e in contact with law enfbrcement he/she shall notify the U.S. Probation Officer within 72 holzrs. Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 1 of 6 DEFENDANT: CASE NUM BER: PAGE TW O SPECIAL CONDITION S OF BOND In addition to com pliance with the previously stated conditions of bond, the defendant must comply with the special conditions checked below : .z- surrender all passpoxs and travel doc'lments, if-any, to pretrial services and not oboin any travel docum ents a. during the pendency of the case; / Z directed or timets) a week in person and timets) a week by b. Report to pretrial services as follows: ( ) as telephone; c. Submit to substance abuse testing and/or treatm ent, contribute to the cost of services rendered based on ability to pay, as determ ined by the U.S. Probation Officer; d. Regain âom excessive OR absfnin âom alcohol use or any use of a narcotic drug or other controlled substance, as defmed in section 102 of the Controlled Subsfnnces Act (21 U.S.C. j802), without a prescdption by a licensed m edical practitioner; e. Participate in a m ental health assessment and/or treatment and contdbute to the costs of services rendered based on ability to pay, as determ ined by the U .S. Probation Officer; f. Employment restrictionts): g. M aintain or actively seek f'ull-tim e employm ent; h. M aintain or begin an educational program ; i. Avoid all contact with victim s or witnesses to the crimes charged, except through cotmsel. The AU SA shall provide defense cotmsel and pretrial services with the names of all victim s or witnesses. The prohibition against contact does not take effect tmtil defense cotm sel receives the list. The prohibition against contact applies only to those persons on the list, but the prosecutor m ay expand the list by sending written notice to defense counsel and pretrial services.; j. Avoid all contact with co-defendants and defendants in related cases, except through counsel', k. Refrain 9om possessing a firearm, destnzctive device or other dangerous weapons and shall s= ender (if anyl, their concealed weapons permit to the U.S. Probation Office; 1. None of the signatories m ay sell, pledge, m ortgage, hypothecate, encllmber, etc., any real property they own, tmtil the bond is discharged, or otherwise m odified by the Court; m . M ay not visit comm ercial transportation establishment: airports, seaport/m nrinas, com mercial bus tenninals, train stations, etc.; n. Defendant shall consent to the U.S. Probation Officer conducting periodic lmnnnounced exam inations of the defendant's computer equipment at his/her place of employment or on the computer at llis/her residence which may include retrieval and copying of a11 dao 9om the computerts) and any intel'nal or external pedpherals to ensttre compliance with this condition and/or rem oval of such equipment for the purpose of conducting a m ore thorough inspection; and consent at the direction of the U.S. Probation OO cer to have installed onthe defendnnt's computerts), at the defendnnt's expense, any hardware or software systems to monitor the defendnnt's computer ttse; Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 2 of 6 DEFENDANT: CASE NUM BER: PAGE TWREE O.LO CATION M OM TORING PROGRAM : The defendant shall be m onitored by the form of location m onitoring and shall abide by a11 teclmology requirements ms noted below, as well as contdbute to the costs of services rendered bmsed on ( ) ability to pay as determined by the U.S. Probation Officer - or - ( ) paid by U.S. Probation; Location monitodng technology at the discretion of the officer Radio Frequency (RF) monitodng (Electronic Monitoling) Active GPS M onitodng Voice Recognition Curfew : You are restricted to your residence every day 9om to , or as directed by the superdsing oK cer. OR Hom e Detention: You are restdcted to your residence at a11 times except for: ( ) medical ( ) substmnce abuse or mental health treatment ( ) court appearances ( ) attomey visits or court ordered obligations ( ) religious services ( ) employment ( ) other activities as pre-approved by the supervising officer - p. RESIDENTIAI, RE-ENTRY CENTER : The defendant shall reside at a residential re-entry center or halfway house and abide by a11 the nlles and regulations of the progrnm. The cost to be paid by ( lpretrial Services or ( ) based on the defendant's ability to pay. You are restdcted to the residential re-entry center/halfway house at a11 tim es except for: ( ) employment ( ) education ( ) religious services ( ) medical, substnnce abuse, or mental health keau ent ( ) attomey visits ( ) court appearances ( ) cotzrt ordered obligations ( ) repohing to Pretdal Services ( ) Other - q. Third-party Custody: will serve as a third party custodian and will report any violations of the release conditions to the U .S. Probation Officer. Failure to comply with these requirements, the third party custodian can be subject to the provisions of 18 U.S.C. j 401: Contempt of Cotut r. The defendant shall submit ilis person, property, residence, vehicle, papers, computers, (as defined in 18 - U.S.C. .1030(e)(1)), other electronic commlmication or data storage devices or media, or ooce, to a search conducted by a United States Probation Officer. The defendant m ust warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search must be conducted at a reasonable time and in a reasonable m anner. Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 3 of 6 DEFENDANT: CASE NUM BER: PAGE FOI;R s. M andatory Adam W alsh Conditions: Defendant shall abide by specified restdctions on personal associations, place of abode, or travel, to avoid a11 contact with an alleged victim of the crim e and with a potential witness who m ay testify concenling the offense; report on a regular basis to a designated 1aw enforcement agency, pretrial services agency or other agency; comply with a specified curfew (with electrorlic morlitoting) and reâain from possessing a firenrm, destructive device or other dangerous weapons. t. Additional Sex Offense Conditions For Defendants Charced or Convicted of a Sexual Offense: 1. ) Defendant may not have contact with victimts), or any child tmder the age of 18, llnless approved by the Court or allowed by the U.S. Probation Officer. 2. ) The defendant shall not possçss or use any data encryption technique or progrnm and shall provide passwords and adm irlistrative rights to the U.S. Probation Ox cer. ) Defendant shall participate in specialized sex offender evaluation and treatment, if necessary, and to contribute to the costs of services rendered based on ability to pay, as detennined by 'the U.S. Probation Office. 4. ) Defendant shall not possess, proctzre, purchase or othem ise obtain any intemet capable device and/or computer. Additionally, the defendant is prohibited from using another individual's computer or device that has intem et capability. 5. ) Defendant is prohibited from establishing or maintaining any email account or social media account. Additionally, the defendant is prohibited from using another individual's em ail account or social m edia accotmt. M ust provide m onthly or upon request, personal phone and credit card billings to Pretrial Services to confinn there are no services with any internet services provider. 6. ) Defendant is not permitted to enter places where children congregate including, but not limited to any play areas, playgrotmds, libraries, clzildren-themed restatlrants, daycares, schools, amusem ent parks, cnrnivals/fairs, llnless approved by the U.S. Probation Officer. 7. ( ) The defendant shall not be ùwolved in any children's or youth orgnnizations. 8. ( ) Defendant is prohibited from viewing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory matedal, including telephone, electronic m edia, Com ptlter Progrnms, Or Computer Services. 9. ) The defendant shall participate in a maltenance polygraph exnmination to periodically investigate the defendant's com pliance. The polygraph exnm ination shall specitk ally address only defendant's com pliance or non-compliance with the special conditions of release and shall not inquire into the facts of the pending crim inal case against defendant. The defendant will conGbute to the costs of services rendered (co-payment) based on ability to pay or availability of third party paym ent. u. M ay travel to and from : , and m ust notify Pretrial Serdces of travel plans before leaving and upon rettm l. v. Comply with the following additional conditions of bond: Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 4 of 6 DEFENDANT: CASE NUM BER: PAGE FIVE PENALTIES AND SANCTION S APPLICM LE TO DEFENDANT Violation of any of the foregoing conditions of release m ay result in the im mediate issuance of a warrant for the defendant's arrest, a revocation of release, and order of detention, as provided in 18 U.S.C. j3148, forfeituze of any bail posted, and a prosecution for contempt as provided in 18 U.S.C. j401, which could result in a possible term of imprisonm ent or a fm e. The comm ission of any offense while on pretrial release m ay result in an additional sentence upon conviction for such offense to a term of imprisonm ent of not more than ten years, if the offense is a felony; or a tenn of impdsonment of not more than one year, if the offense is a misdemeanor. This sentence shall be consecutive to any other sentence and m ugt be imposed in addition to the sentence received for the offense itself. Title 18 U.S.C. j1503 makes it a felony criminal offense plnishable by imprisonment and a $250,000 fine to iniimidate or attempt to intimidate a witness, jlzror or officer of the court; 18 U.S.C. j1510 makes it a felony criminal offense pmishable by impdsonment and a $250,000 fine to obstruct a cdminal investigation; 18 U.S.C. j1512 makes it a felony criminal offense punishable by impdsonment and a $250,000 fine to tamper with a witness, victim or intbrmant; and 18 U.S.C. 51513 makes it a felony criminal offense pmishable by imprisonment and a $250,000 fme to retaliate against a witness, victim or informant, or threaten to do so. It is a criminal offense under 18 U.S.C. 53146, if after having been released, the defendant lcnowingly fails to appear as required by the conditions of release, or to surrender for the service of sentence pursuant to a couri order. If the defendant was released in corm ection with a charge of, or while awaiting sentence, surrender for the service of a sentence, or appeal or certiorari after conviction for: (1) an offense pmishable by death, life imprisonment, or imprisonment for a term of tm een years or more the defendant shall be fined not more than $250,000 or imprisoned for not more than ten years, or b0th; (2) an offense plnishable by imprisonment for a tenn of five years or more, but less than fifteen years, the defendant shall be fined not more than $250,000 or impdsoned for not more than five years, or both; (3) any other felony, the defendant shall be fmed not more than $250,000 or imprisoned not more t11% two yevl, 0r both; (4) a misdemeanor, the defendant shall be fmed not more than $100,000 or imprisoned not more than one year, or both. A tenn of im prisonment imposed for failure to appear or surrender shall be consecutive to the sentence of im prisonment for any other offense. ln addition, a failure to appear m ay result in the forfeituze of any bail posted, wllich m eans that the defendant will be obligated to pay the full am otmt of the bond, which may be enforced, by al1 applicable laws of the United States. Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 5 of 6 DEFENDANT: CASE NUM BER: PAGE SLX PENALTIES Ae SANCTIONS APPLICABLE TO SIJRETV S Violation by the defendant of any of the foregoing conditions of rilease will result in all immediate obligation by the surety or sureties to pay the 111 mnount of the bond. Forfeiture of the bond for any breach of one or more conditions may be declared by ajudicial ofticer of any United States District Court having cogyizance of the above entitled matter at the time of such breach, and if the bond is forfeited and the forfeiture is not set aside or rem itted, Judgment m ay be entered upon motion ill such United States Diskict Court against each surety jointly and severally for the amount of the bonds together with interest and costs, and execution may be issued and payment seclzred as provided by tlle Federal Rules of Crim inal Procedure and other laws of the United States. ' SIGNATURES I have carefully read and I tmderstand this entire appearance bond consisting of seven pages, or it has been read to m e, and, if necessary, kanslated into my native language, and I know that I am obligated by 1aw to comply with all of the terms of this bond. I promise to obey a11 conditions of this bond, to agpear in cotlrt as required, and to surrender for service of any sentence imposed. 1 am aware of the penalties and sanctisns outlined m this bond for violations of the terms of the bond. If l am an agent acting for or on behalf of a corporate slzrety, I further represent that I am a duly authorized agent for the corporate surety and have full power to execute this bond in the amotmt stated. olyxxoAx'r W --. .-- - / 2) t w , -- ' s. I o ri d a sireduus A J day of J tv , 20 a , Signed mld acknowledged before me: DEFENDANT: (Signature) v . . s u. WITAESS' R f 4a.1 ç & v'r - , city state /Z ço r-a ç -e,- x city state CORPORATE SURETY Signed this day of , 20 at , Florida SURETY: AGENT: (Signature) PRG T NAM E: City . State IO IVD UAL SURETIES .w / - < Sir edthis day of , 20- at , Horida Siredthis of D LG ? , 20 . .1. 2 at - , Florida SURETY: (Signature) SIJRETY: (Signature) . ' * PRINT NAM E: PRN NAM E: < A : z'v REM TIONSHIPTO DEFENDANT: RELATIONKHIPTO FENDANT: City State City Stzte Sir edtllis dayof , 20 at , Florida SURETY: (Signature) Signedthis day of , 20 at -- s Florie SURETY: (Signature) PRINT NO : RELATIONSH IPTO DEFENDm : PRG T NAM E: REM H ONSHIPTO DEFENDM T: City State City Svte APPROVAL BY TIIE CO T LAURE FLEISCH ER LOUIS UNITED STATES M AGISTRATE JUDGE Case 1:23-cr-20295-CMA Document 8 Entered on FLSD Docket 08/02/2023 Page 6 of 6
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