Court filing
Order Setting Conditions of Release as to Bern Benoit — USA v. Thomas et al. (Dkt. 53, N.D. Ga.)
Filed August 18, 2020 in USA v. Thomas et al.; one of 33 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2020-08-18 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 53 · 2020-08-18 · Docket on CourtListener
Full text
AO 199A (Rev. 12/ll) Order Setting Conditions ofRelease
page I of
j
pages
Ut'uren Srtrss Drcrrucr Counr
for the
NORT,HERN DISTNCT OF GEORGA
L]NITED STATES OF AMERICA
v.
Case No. : 1 : 20-CR-296-JPB-AIB
BERN BENOM
Defendant
ORDER SENING CONDMONS OF RELEASE
IT IS ORDERW that the defendant's release is subject to these conditions:
(l) The deferdant must nat violatefederal, state, or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sarnple if it is authorized by 42 U.S.C. g l4l3Sa.
(3) The defendant must advise the court or the pretrial savices office or supervising officer in writing before making any
change ofresidence or telephone number.
(4) The defendant must aryear in court as required and, if corwicted, must surrender as directed to senle a sentence that the
court may impose.
The deferdant must altpear at:
Plate
)
)
)
)
)
on
Date and Time
If blank, defendantwill be notified of next appearance.
(5) The defendant must sign an Appearance Bond, ifordered.
FILED IN CHAMBERS
U.S.D.C ATLANTA
Date: __________________________
JAMES N. HATTEN, Clerk
By: ____________________________
Deputy Clerk
Aug 18 2020
s/A. Zarkowsky
Case 1:20-cr-00296-JPB-CMS Document 53 Filed 08/18/20 Page 1 of 3
Ao teeB @ev. l2/l 1) Additional Conditions of Release
Page 2of 3 Pages
ADDITIONAL CONDITIONS OF RELEASE
IT IS FURMER ORDERED that the defendant's release is subject to the conditions marked below:
( ) (6) The defendant is placed in the atstody of:
Person or organization
Address (only if above is an
organization)
City and state
Tel. No.
who agrees to (a) supervise the defendant, (b) use a,ery effort to assure the d{endant's appearance at all cour.t proceedings, and (c) notifi the court immediately if the
defendant violates a condition ofrelease or is no longer in the custodian's custody.
Signed:
Custodian
Date
( X) O) Thedefendantmust:
( X ) (a) submit to superviston by and reportfor supervition to the
(X) U.S.Pretrial Seruices ( ) U.S.Probation ffice
telephonenumber 404-215-1950
ONolaterttw
OB{oreleaingcourthouse, or
(b) cofitinue or aaivefu seekenpfuiment
{c) contirue or start an edilcationprogram.
(d) suwatder ary possport to: your supentbing oftcer by :
, and do not obtain nor possess a possport or other intemational
travel doqment, not obtain or possess a Wspolt or other interuational travel doa*nent tn your nafie, atathq name or on behalf of a third
party, including minor children.
( ) (e) abide by thefollowing restrictions on personal association, residence, or trayel:
( x)
(fl avoid all contaet, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution,
including :
inc luding c o- defendants and including Jerry B aptis te.
( X ) (g) get medical or psychiatrie treatment: ( ) X_as directed by your supertising fficers
()
( ) (h) matnninresideneeatahalfwayhoweorcorwnunitycorrectiorccent*,asthepretrialsewicesffieornqervNngfficercansiders
necessary.
( x)
not possess a firearm, destructive device, other weapon, or ammunition, in yout home, vehicle or place of employment, or upon your
person.
notuseahohol ( X ) at all (
) excessively.
notuse or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. S 802, unless lattfully prescribed fu a medical
licew ed medical practitioner.
submit to testingfor a pohibited substance if rquired by the pretrial services ofice or supervising officcr. Testing may be used with random
frequenqt and may include urine testi.ng, theweming of a sweat patch, a remote alcohol testing system, and/or anyform of prohibited substance
screening or testing. The defendant must not obsfiact, attempt to obstruct, or tamper with the fficimcy and accuraqt of prohibited substance
screming or testing.
participate in a program ofinpatient or outpatient substance abuse therapy and counseling if direaed by the pretrial services ofice or superttising
officer.
pat'ticipate in one of thefollowing location restrictionprograms and complywith its requirernents as directed.
( ) (, Cu{ew. Youarerestrictedtoyourresidenceeveryday( )fr"m
to
,or (
)as
directed by the pretrial services ofice or supewising offrcer; or
( ) (ii) Home Detentian You are restricted to your resi.dence at all times aceptfor employnent; education; religious seruices; medical,
substanceabuse, ormentalhealth treatment; attomqtvisits; court appenrances; court-orderedobligations; or otheractivities approved
in advance by the pretrial s*vices ofice or supervising officer; or
( ) (rrn lfome Incarcerdion You are restricted to 24-hour-a4ay lock-down at your residence scept.for medical necessities and murf
appearances or other actiities specifically approved by the couri.
submit to location monitoing as directed by the pre*ial services ffice or supentMng officer and comply with all of the program
requirements and irctructiora pt ovided "
( ) You must pay all or part of the cost of the prograrn based on your ability to pqt as daermined by the pretrial sertices ofice or
superttising fficer.
( X) (p) reportwithinT2hourstothepretrialservicesofriceorsupertisingoficer,everycontactwithlawenforcementpersonnel,incltdingarrests,
questioning, or traffrc stops.
( X ) (p) Restrict travel to the Central District of California unless the superttising fficer has approved travel in advance.
Restrict travel to the Central DistiA of Calfornia and the Nonhern District of Georgia aceptfor Court proceedings and meetings with his
(X)
(r) attoruqt.
( )(s)
( x)
()
( x)
X
X
(
(
(,)
(i)
(k)
(t)
( ) (!n)
( )(n)
)
)
( x)
(
)(o)
Case 1:20-cr-00296-JPB-CMS Document 53 Filed 08/18/20 Page 2 of 3
(
) (t)
đO 199C (Rev.12/03) Advice of Penalties ...
Advice of Penalties and Sanctions
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOUOWING PENALTIES AND SANCTIONS:
Page
3
of
3
Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a
Pages
revocation of release, an order of detention, a foifeiture of any bond, and a prosecution for contempt of court and could result in a term of
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; if you commit 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) any other sentence you receive.
It is a crime punishable by up to ten years of imprisonment and a $250,000 fine or both to: obstruct a criminal
investigation; tamper with 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 required by the conditions of release, or to surrender for the service of sentence,
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of
(I) an ofense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, you shall be fined
not more than $250,000 or imprisoned for not more than JO years, or both;
(2) an offense punishable by imprisonment for a term of jive years or more, but less than fifteen years, you shall be fined not
more than $250,000 or imprisoned for not more than jive years, or both;
(3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor, you 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 in addition to the sentence for any other offense. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
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 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.
(
(
City and State
Directions to United States Marshal
) The defendant is ORDERED released after processing.
Address
T elephone
) 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: __________ _______ _
Signature of Judicial Officer
RUSSEU G. VINEYARD, U.S. MAGISTRATE JUDGE
Name and Title of Judicial Officer
DISTRIBUTION:
COURT
DEFENDANT
PRETRIAL SERVICE
U.S. ATTORNEY
U.S. MARSHAL
211 North Valley St.
Burbank , CA 91505
310-448-3055
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