Doc #3 — USA v. Thomas et al (Dkt. 56.3)

Record facts

U.S. District Court for the Northern District of Georgia · No. 2:20-mj-03783-DUTY · Doc. 3 · 2020-08-19 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
LJTIITED STATES OF AMERICA, 
~ 
est m Division
Plaintiff, ~
vs. 
~ Case Number: 2:20-MJ-03783- I Out of District Affidavit
~ Initial App. Date: 08/12/2020 Custody
Bern Beniot 
~ Initial App. Time: •1.00 PM
Defendant.
Date Filed: 08/12/2020
Violation:  18.1349
C~iS
! 
Reporter: 
~~~ ~ 
kh ~ ~
PROCEEDINGS HELD BEFORE UNITED STATES
MAGISTRATE JUDGE: Jean P. Rosenbluth
PRESENT: 
Martinez, Beatriz
CALENDAR/PROCEEDINGS SHEET
LOCAL/OUT-OF-DISTRICT CASE
- ~tAroh ~iru~ri ~C~h
Deputy Clerk 
Assistant U.S. Attorney 
Interpreter/Language
~ INITIAL APPEARANCE NOT HELD -CONTINUED
~
efendant informed of charge ~a,
n~d ri ht to: remain silent; appointment of counsel, if indigent; right to bail; bail review and
K preliminary hearing OR lsremoval heazing /Rule 20.
K Defendant states hve name K is as charged K is
Court ORDERS tUe caption of the Indictment/Information be changed to reflect defendanPs different true name. Counsel are directed to
file all future documents reflecting the true name as stated on the record.
Defendant advised of consequences of false statement in financial affidavit. ~ 
Financial Affidavit ordered SEALED.
Attorney: Anthony Eg¢~g, Retained ~ 
Appointed K Prev. Appointed K Poss. Contribution (see sepazate order)
~ Special appearance by:
GovemmenYs request for detention is: ~ 
GRANTED ~ 
DENIED ~ITHDRAWN 0 
CONTINUED
KDefendant is ordered: 
Permanently Detained ~ 
Te 
orarily Detained (see separate order).
[
~B'AIL FIXED AT $ 
O 
Y
ATTACHED COPY OF CR-1 BOND FORM FOR CONDITIONS)
K Government moves to UNSEAL ComplainUIndictment/Informarion/Entire Case: 0 
GRANTED ❑DENIED
Preliminary Hearing waived.
K Class B Misdemeanor ~ 
Defendant is advised of ma~cunum penalties
~ This case is assigned to Magistrate Judge 
.Counsel are duected to contact the clerk for the
setting of all further proceedings.
K PO/PSA WARRANT ~ 
Counsel are directed to contact the clerk for
District Judge 
for the setting of further proceedings.
~ Preliminary Heazing set for 
at 4:30 PM
~ PIA set for: 
at 11:00 AM in LA; at 10:00 AM in Riverside; at 10:00 AM in Santa Ana
K Government's motion to discuss case/defendant 
only: ❑GRANTED ❑DENIED
K 
~De endanYs morion to dismiss for lack of probable cause: ❑GRANTED K DETtIED
lrJD~efendant executed Waiver of Rights. ~ 
Process re ived. 
d ~
(~~b,u/
rt O~RDERS defendant Held to Answer to 
~~~ 
Distri t of 
~'L/
L~l Bond to transfer, if bail is posted. Defendant to report on or before 
~ 
~ 
;D~ ,,,~ for aura cSM~M~ ,
K Warrant of removal and final commitment to issue. Date issued: 
By CRD:
kPJt V6 ~ 
V 
I.Ai
K Warrant of removal and final commitment are ordered stayed until 
2Q0 
Lr1
Case continued to (Date) 
(Time) 
AM / PM
Type of Hearing: 
Before Judge 
/Duty Magistrate Judge.
Pro edings will beheld in the ❑Duty Courtroom 
❑Judge's Courtroom
efendant committed to the custody of the U.S. Mazshal ~ 
Summons: Defendant ordered to report to USM for processing.
Abstract of Court Proceeding (CR-53) issued. Copy forwazded to USM.
Abstract of Order to Return Def n nt to y
Co on Next Court Day (M-20) issued. Original forwarded to USM.
~
ELEASE ORDER NO:
~ Other:
PSA K USPO 
n "'
cE ISREADY
~~/~ 
Deputy Clerk Initials-
b~ ~~~-
None
M-5 (10/13) 
CALFVDA F!PROCI[f 
[)IN(~ AII~7l - L(~C.AC✓OUT-UP-DISTI:I CI~ CASE 
Pa~c I of
Case 2:20-mj-03783-DUTY   Document 3   Filed 08/12/20   Page 1 of 5   Page ID #:3
Case 1:20-cr-00296-JPB-CMS     Document 56-3     Filed 08/19/20     Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Case Name: United States of America v. ~h ~ 
e~10 F'4" Case No. 2 
D — ~"`~ '37 
O 3 
—
[~Defendant ~ 
Material Witness
Violation of Tide and Section: ~ ~ 
~ • ~ 7~~
Summons 
Out of District ~ 
UNDER SEAL ~ 
Modified Date:
Check ~o
 one of the five numbered boxes below (unless one bond is to be replaced by another):
1. 
Personal Recognizance (Signature On y
2. [~'fJnsecured Appear~ce Bond
$ r ~„ 
/
3. ~ 
earance Bond 
w~~
PP 
~~~nu ~~~I
$ ~S' ~~ ~ 
~ ~ 1" 
~"
(3J. ~ 
Cas}1 DePOslt (Amount or %~ (Form CR-7~
(b). ~ffidavit of Surety Without
Justification (Form C1t-4) Signed by:
a. 
OnS
(c). ~ 
Affidavit of Surety With Justification
(Form CR-3) Signed by:
Release No.
~ Release to Pretrial ONLY
~ Re ease to Probation ONLY
Forthwith Release
~ With Full Deeding of Property:
q. ~ 
Collateral Bond in the Amount of (Cash
or Negotiable Securities):
$
[]~ 
Conditions of Bond
(Exca tClearing-Warrnnts
Con~tion) Must be Met
and Posted by:
$ ~ 9 2t! zv
Third-Party Custody
Affidavit (Form CR-31)
ail Fixed by Court:
~ ~ ~~
(Judge /Clerk's Initials)
`r,~ ~r
zro zo
~ 1
2 
n 10
5. ❑Corporate Surety Bond in the Amount of:
$
PRECONDITIONS TO RELEASE
The government has requested a Nebbia hearing under 18 U.S.C. § 3142(g)(4).
The Court has ordered a Nebbia hearing under 4 3142 {g)(4).
The Nebbia hearing is set for 
at 
K a.m. K p.m.
ADDITIONAL CONDITIONS OF RELEASE
In addition to the GENERAL CONDITIONS of RELEASE, the following conditions of release are imposed upon you:
[
~] 
ubmit to: 
retrial Services Agency (PSA) supervision as directed by PSA; ~ 
Probation (USPO) supervision as directed by USPO.
(The agency indicated above, PSA or USPO, will be referred to below as "SupervisingAgency.'~
[
'Surrender all passports and travel documents to Supervising Agency no later than 
, sign a Declaration
re Passport and Other Travel Documents (Form CR-37), and do not apply for a passport or other travel document during the pendency
of this case. 
' 
~
ravel is restricted to 
C 
b (GAS ~ ~) or~b.,ern ~~s ~ ' `'1~'tJ,unless prior permission is granted by Supervising
Agency to travel to a specific other location. Court permission is required for international travel.
Reside as approved by Supervising Agency and do not relocate without prior permission from Supervising Agency.
Maintain or actively seek employment and provide proof to Supervising Agency. 
mployment to be approved by Supervising Agency.
Maintain or begin an educational program and provide proof to Supervising Agency.
Defendant's Initials:
Case 2:20-mj-03783-DUTY   Document 3   Filed 08/12/20   Page 2 of 5   Page ID #:4
Case 1:20-cr-00296-JPB-CMS     Document 56-3     Filed 08/19/20     Page 2 of 5

Case Name: United States of America v. 
~Y 
Y~ p~n O l~
~efendant ~ 
Material Witness
Case No. 2.~ ~ ~ 
3~~3'~
~oid all contact, directly or indirectly (including by any electronic means), with any person who is a known victim or
witness in the subject investigation or prosecution, ~ 
including but not limited to
;~ 
except
Avoid all contact, directly or indirectly (including by any electronic means), with any known codefendants except in the presence
of counsel. Notwithstanding this provision, you may contact the following codefendants without your counsel present:
Do not possess any firearms, ammunition, destructive devices, or other dangerous weapons. ~ 
In order to determine compliance,
you agree to submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
~
Do not use or possess any identification, mail matter, access device, or any identification-related material other than in your
own legal or true name without prior permission from Supervising Agency. O~order to determine compliance, you agree
to submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not engage in telemarketing.
Do not sell, transfer, or give away any asset valued at $
permission from the Court, except
or more without notifying and obtaining
Do not engage in tax preparation for others.
Q~not 
use alcohol.
Participate in the electronic remote alcohol monitoring program as directed by Supervising Agency and abide by all the rules and
requirements of the program. You must pay all or part of the costs for treatment based upon your ability to pay as determined by
Supervising Agency.
Do not use or possess illegal drugs orstate-authorized marijuana. ~ 
In order to determine compliance, you agree to
submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not use for purposes of intoxication any controlled substance analogue as defined by federal law or street, synthetic, or
designer psychoactive substance capable of impairing mental or physical functioning more than minimally, except as
prescribed by a medical doctor.
Submit to:
drug and/or 
a cohol testing. If directed to do so, participate in outpatient treatment approved by Supervising Agency.
You must pay all or part of the costs for testing and treatment based upon your ability to pay as determined by Supervising Agenry.
Participate in residential ~ 
drug and/or ~ 
alcohol treatment as directed by Supervising Agency. You must pay all or part of the costs
of treatment based upon your ability to pay as determined by Supervising Agency. ~ 
Release to PSA only ~ 
Release to USPO only
Submit to a mental health evaluation. If directed to do so, participate in mental health counseling and/or treatment approved by
Supervising Agency. You must pay all or part of the costs based upon your ability to pay as determined by Supervising Agency.
Participate in the Location Monitoring Program and abide by all of the requirements of the program, under the direction of Supervising
Agency, which
will or
will not include a location monitoring bracelet. You must pay all or part of the costs of the program based
upon your ability to pay as determined by Supervising Agenry. You must be financially responsible for any lost or damaged equipment.
Location monitoring only - no residential restrictions;
-or-
You are restricted to your residence every day:
from 
K a.m. K p.m. to 
K a.m. K p.m.
as directed by Supervising Agency;
-or-
Defendant's Initials: ~,, /~fj~ Date: t~ ~~/
CR-1 (05/19)
CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND
20F4
Case 2:20-mj-03783-DUTY   Document 3   Filed 08/12/20   Page 3 of 5   Page ID #:5
Case 1:20-cr-00296-JPB-CMS     Document 56-3     Filed 08/19/20     Page 3 of 5

Case Name: United States of America v. 
r ~~ 
l~ 
Case No. Zd 
'~ f ti 
~ 
3~ 
`~ ~
Defendant ~ 
Material Witness
You are restricted to your residence at all times except for medical needs or treatment, attorney visits, court appearances, and
all of which must be preapproved by Supervising Agenry;
Release to PSA only ~ 
Release to USPO only
You are placed in the third-party custody (Form CR-31) of
Clear outstanding ~ 
warrants or ~ 
DMV and traffic violations and provide proof to Supervising Agency within 
days
of release from custody.
Do not possess or have access to, in the home, the workplace, or any other location, any device that offers Internet access except
as approved by Supervising Agency. ~ 
In order to determine compliance, you agree to submit to a search of your person
and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not associate or have verbal, written, telephonic, electronic, or any other communication with any person who is less than
the age of 18 except in the presence of a parent or legal guardian of the minor.
Do not loiter or be found within 100 feet of any schoolyard, park, playground, arcade, or other place primarily used by children
under the age of 18.
Do not be employed by, affiliated with, own, control, or otherwise participate directly or indirecfly in the operation of any daycare
facility; school, or other organization dealing with the care, custody, or control of children under the age of 18.
Do not view or possess child pornography or child erotica. ~ 
In order to determine compliance, you agree to submit to a search
of your person and/or property, including computer hardware and software, by Supervising Agency in conjunction with the U.S.
Marshal.
Other conditions:
GENERAL CONDITIONS OF RELEASE
I will appear in person in accordance with any and all directions and orders relating to my appearance in the above entitled matter as
may be given or issued by the Court or any judicial officer thereof, in that Court or before any Magistrate Judge thereof, or in any other
United States District Court to which I may be removed or to which the case maybe transferred.
I will abide by any judgment entered in this matter by surrendering myself to serve any sentence imposed and will obey any order or
direction in connection with such judgment as the Court may prescribe.
I will immediately inform my counsel of any change in my contact information, including my residence address and telephone number,
so that I may be reached at all times.
I will not commit a federal, state, or local crime during the period of release.
I will not intimidate any witness, juror, or officer of the court or obstruct the criminal investigation in this case. Additionally, I will not
tamper with, harass, or retaliate against any alleged witness, victim, or informant in this case. I understand that if I do so, I may be
subject to further prosecution under the applicable statutes.
I will cooperate in the collection of a DNA sample under 42 U.S.C. § 14135a.
Defendant's Initials: l! 
.1!-fll ~i Date:
CR-1 (05/19) 
CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND FORM 
PAGE 3 OF 4
Case 2:20-mj-03783-DUTY   Document 3   Filed 08/12/20   Page 4 of 5   Page ID #:6
Case 1:20-cr-00296-JPB-CMS     Document 56-3     Filed 08/19/20     Page 4 of 5

Case Name: United States of America v. 
~~ 
{n0l 
Case No. 2~' ~"`~ J1 ~3 
~ 
l
Defendant ~ 
Material Witness
ACKNOWLEDGMENT OF DEFENDANT/MATERIAL WITNESS
As a condition of my release on this bond, pursuant to Title 18 of the United States Code, I have read or have had interpreted to me
and understand the general conditions of release, the preconditions, and the additional conditions of release and agree to comply with
all conditions of release imposed on me and to be bound by the provisions of Local Criminal Rule 46-6.
Furthermore, it is agreed and understood that this is a continuing bond (including any proceeding on appeal or review) which will
continue in full force and effect until such time as duly exonerated.
I understand that violation of any of the general and/or additional conditions of release of this bond may result in a revocation of
release, an order of detention, and a new prosecution for an additional offense which could result in a term of imprisonment and/or
fine.
I further understand that if I fail to obey and perform any of the general and/or additional conditions of release of this bond, this bond
maybe forfeited to the United States of America. If said forfeiture is not set aside, judgment may be summarily entered in this
Court against me and each surety, joinfly and severally, for the bond amount, together with interest and costs. Execution of the
judgment maybe issued or payment secured as provided by the Federal Rules of Criminal Procedure and other laws of the
United States, and any cash or real or personal property or the collateral previously posted in connection with this bond maybe
forfeited.
l 
d/ 
/ 
/
ate 
Stgnature of Defendant /Material Witness 
e 
one umber
~ f~
and State (DO NOT INCLUD~ZIP CODE)
Check if interpreter is used: I have interpreted into the
and have been told by the defendant that he or she understands all of it.
Interpreter's Signature 
Date
Approved:
United States District Judge /Magistrate Judge
If cash deposited: Receipt #
for $
(This bond may require surety agreements and affidavits pursuant to Local Criminal Rule 46.)
language this entire form
Date
Defendant's Initials: ~(1 ~r7_ ~ 
Date:
CR-1 (05/19)
CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND FORM
PAGE 4 OF 4
Case 2:20-mj-03783-DUTY   Document 3   Filed 08/12/20   Page 5 of 5   Page ID #:7
Case 1:20-cr-00296-JPB-CMS     Document 56-3     Filed 08/19/20     Page 5 of 5

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