Bond/Order Setting Conditions of Release — United States v. Bowens (Dkt. 7.2)

Record facts

U.S. District Court for the Middle District of Florida · No. 1:21-mj-01136-LTW · Doc. 5 · 2021-12-03 · Docket on CourtListener

Full text

^AO 199A (Rev. 6/97) Order Setting Conditions of Release
Page 1 of
UNITED STATES DISTRICT COURT
NORTHERN
District of
GEORGIA
United States of America
V.
EMMET BOWENS a/k/a Emmit Bowens
Defendant
ORDER SETTING CONDITIONS
OF RELEASE
Case Number: L21-MJ-1136-LTW
IT IS ORDERED that the release of the defendant is subject to the following conditions:
(1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case.
(2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing before any change in
address and telephone number.
(3) The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as
directed. The defendant shall appear at (if blank, to be notified) _TO BE NOTIFIED
Place
on
Date and Time
Release on Personal Recognizance or Unsecured Bond
IT IS FURTHER ORDERED that the defendant be released provided that:
( • ) (4) The defendant promises to appear at all proceedings as required and to surrender for service of any sentence imposed.
( X ) (5) The defendant executes an unsecured bond binding the defendant to pay the United States the sum of
JEN THOUSAND _ __ _ __ _ dollars (S 10,000.00 _)
in the event of a failure to appear as required or to surrender as directed for service of any sentence imposed.
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICES U.S. ATTORNEY US. MARSHAL
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Case 6:21-cr-00141-RBD-NWH     Document 7-2     Filed 12/03/21     Page 1 of 4 PageID 36

<§&AO 98A (12/03) Includes violations of Conditions of Release as well as non-appearance as grounds for forfeiture.
UNITED STATES DISTRICT COURT
NORTHERN District of GEORGIA
UNITED STATES OF AMERICA
V.
APPEARANCE AND COMPLIANCE BOND
EMMET BOWENS a/k/a Emmitt Bowens
Defendant
Case L21-MJ-H36-LTW
Non-surety: I, the undersigned defendant acknowledge that I and my ...
Surety: We, the undersigned, jointly and severally acknowledge that we and our . . .
personal representatives, jointly and severally, are bound to pay to the United States of America the sum of
$ 10,000.00 for) _ , and there has been deposited in the Registry of the Court the sum of
$ _ in cash or _ (describe other security.)
The conditions of this bond are that the defendant, EMMET BOWENS a/k/a Emmitt Bowens
(Name)
is to (1) appear before this court and at such other places as the defendant may be required to appear, in accordance with
any and all orders and directions relating to the defendant's appearance in this case, including appearance for violation of
a condition of defendant's release as may 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; (2) comply with all conditions of release imposed by
the court, and (3) abide by any judgment entered in such matter by surrendering to serve any sentence imposed and obeying
any order or direction in connection with such judgment.
It is agreed and understood that this is a continuing bond (including any proceeding on appeal or review) which shall
continue until such time as the undersigned are exonerated.
If the defendant appears as ordered or notified and otherwise obeys and performs the foregoing conditions of this
bond, then this bond is to be void, but if the defendant fails to obey or perform any of these conditions, payment of the
amount of this bond shall be due forthwith. Forfeiture of this bond for any breach of its conditions may be declared by any
United States District Court having cognizance of the above entitled matter at the time of such breach and if the bond is
forfeited and if the forfeiture is not set aside or remitted, judgment, may be entered upon motion in such United States
District Court against each debtor jointly and severally for the amount above stated, together with interest and costs, and
execution may be issued and payment secured as provided by the Federal Rules of Criminal Procedure and any other laws
of the United States.
This bond is signed on 12/02/2021 _ at 75 Ted Turner Drive S.W. Atlanta, GA 30303
Date Place
Defendant Z^,^^ ^ ,5^^.^^— _Address fi^^pka PL 3o?r7/'3
CITV , STATE, AND ZIP CODE ONLY
Surety _ Address
Surety _ Address
Signed and acknowledged before me on 12/02/2021
Approved
/^jj.^^
Judge/Clerk
Judge Officer
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^AO 199C (Rev. 12/03) Advice of Penalties ... Page 3 of J_ Pages
Advice of Penalties and Sanctions
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
A violation of any of the foregomg conditions of release may result in the unmediate issuance of a warrant for your arrest, a
revocation of release, an order of detention, and a prosecution for contempt of court and could result m a term ofunprisonment, a fine,
or both.
The commission of a Federal offense while on pretrial release will result in an additional sentence of a term ofunprisonment of
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 in addition to any other sentence.
Federal law makes it a crime punishable by up to 10 years ofunprisonment, and a $250,000 fine or both to obstruct a criminal
investigation. It is a crime punishable by up to ten years of imprisonment, and a $250,000 fine or both to tamper with a witness, victim
or informant; to retaliate or attempt to retaliate against a witness, victun or informant; or to intunidate 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:
(1) an offense 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 10 years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fined not
more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony, you shall be fmed 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 m 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.
yz^^^t,/ IT ^ 1^/ <7A-tJL£.
Signature of Defendant
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Address
_A^i^k^ F-L 3^'7/^-
^ff
' CI/TY/Sf
Y/STATE/ZIP CODE TELEPHONE
Directions to United States Marshal
(XT The defendant is ORDERED released after processing.
^ y The United States marshal is ORDERED to keep the defendant m custody until notifie^ by the clerk or judge that the defendant
has posted bond and/or complied with all other conditions for release, ^he defgndaot-lihall be produced before ^he appropriate
judge^t the time and place specified, if still in custody. ^~~~"^^/ /? / / ^, /
Date: p^^J^ ^ ^0^ ^ '^-^y.cy: !/ly^^
Signature-ef-Judicial Officer
/ ^
// t/^^^L
Nam^ani^Title of Judicial Offi;
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL
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Case 6:21-cr-00141-RBD-NWH     Document 7-2     Filed 12/03/21     Page 3 of 4 PageID 38

AO 199B (Rev. 03/09) Additional Conditions of Release Page_of
ADDITIONAL CONDITIONS OF RELEASE
Upon finding that release by one of the above methods will not by itself reasonably assure the defendant's appearance and the safety of other persons or the community,
IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:
( ) (7) The defendant is placed in the custody of:
Person or organization
Address (only if above is an organization)
City and state Tel. No. (only if above is an organization)
who agrees (a) to supervise the defendant in accordance with all of the conditions of release, (b) to use every effort to assure the defendant's appearance at all scheduled court
proceedings, and (c) to notify the court immediately if the defendant violates any condition of release or disappears.
Signed:
DEFENDANT: Custodian or Proxy Date
( X ) () The defendant must:
(X)(a) report to the U.S. PRETRIAL SERVICES
telephone number 404-215-1950 , no later than 5:00 PM TODAY
(X ) (b) execute a bond or an agreement to forfeit upon failing to appear as required the following sum of money or designated property:
10,000.00 (or)
( ) (c) post with the court the following proof of ownership of the designated property, or the following amount or percentage of the above-described sum
( ) (d) execute a bail bond with solvent sureties in the amount of $
( ) (e) maintain or actively seek employment.
( ) (f) maintain or commence an education program.
( X ) (g) surrender any passport to: U. S. PRETRIAL SERVICES
(X ) (h) obtain no passport.
( X ) (i) abide by the following restrictions on personal association, place of abode, or travel: _RESIDE AT THE ADDRESS PROVIDED TO U.S. PRETMAL
SERVICES AND DO NOT CHANGE ADDRESS W/0 PRE-APPROVAL FROM THIS COURT.
(X ) (j) avoid all contact, directly or indirectly, with any person who is or may become a victim or potential witness in the investigation or
prosecution, including but not limited to:
( ) (k) undergo medical or psychiatric treatment:
( ) (1) return to custody each (week) day at o'clock after being released each (week) day at o'clock for employment,
schooling, or the following purpose(s):
( ) (m) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary.
(X ) (n) refrain from possessing a firearm, destructive device, or other dangerous weapons TO FNCLUDE AMMUNITION.
(X ) (o) refrain from ( ) any ( X ) excessive use of alcohol.
(X ) (p) refrain from use or unlawful possession of a narcotic dmg or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical
practitioner.
( ) (q) submit to any testing required by the pretrial services office or the supervising officer to determine whether the defendant is using a prohibited substance. Any
testing may be used with random frequency and 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 refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency
and accuracy of any prohibited substance testing or monitoring which is (are) required as a condition of release.
( ) (r) participate in a program ofinpatient or outpatient substance abuse therapy and counseling if the pretrial services office or supervising officer considers it
advisable.
( X ) (s) participate in one of the following location monitoring program components and abide by its requirements as the pretrial services officer or supervising
officer instructs.
(X ) (i) Curfew. You are restricted to your residence every day ( ) from __ to _ , or (X ) as directed by the pretrial
services office or supervising officer; or
( ) (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 pre-approved by the pretrial services
office or supervising officer; or
( ) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down except for medical necessities and court appearances or other activities
specifically approved by the court.
(X ) (t) submit to the location monitoring indicated below and abide by all of the program requirements and instructions provided by the pretrial services officer
or supervising officer related to the proper operation of the technology.
The defendant must pay all or part of the cost of the program based upon your ability to pay as the pretrial services office or supervising officer
determines.
( ) (i) Location monitoring technology as directed by the pretrial services office or supervising ofRcer;
( ) (ii) Radio Frequency (RF) monitoring;
( ) (iii) Passive Global Positioning Satellite (GPS) monitoring;
( X ) (iv) Active Global Positioning Satellite (GPS) monitoring (including "hybrid" (Active/Passive) GPS);
( ) (v) Voice Recognition monitoring.
(X ) (u) Defendant ORDERBD to remain w/in the jurisdiction of the NDGA & MDFL unless pre-approval from U.S. Pretrial Services is received.
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICES U.S. ATTORNEY US. MARSHAL
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Case 6:21-cr-00141-RBD-NWH     Document 7-2     Filed 12/03/21     Page 4 of 4 PageID 39

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