Court filing
Court filing — United States v. David T. Hines (Doc. 5, 1:20-mj-03237)
Filed July 29, 2020 in Hines; one of 13 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2020-07-29 |
U.S. District Court for the Southern District of Florida · No. 1:20-mj-03237-JB · Doc. 5 · 2020-07-29 · Docket on CourtListener
Full text
(Revised 03/2020) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA APPEAR ANCE soxo: cAsE No.: 11 t/ - mT - 13*3-1 - r&- ! UNITED STATES OF AM ERICA: Plaintiff, usv,,loq.sn - ! ou-l % - ( <. l f' I .- 2 s BXZ'P P*I U Defendant, 1, the undersigned defendant and l or we, the undersigned sureties, jointly and severally acknowledge that we and om' personal representatives, jointly and severally, are bound to pay the United States of America, the sum of $ l o . G l a.s ww l uri l> p STANDARD CONDITIONS OF BOND The conditions of this bond are that the defendan,t: 1. Shall 'appear before this Coul't and at such other places as the defendant m ay be required to appeai, 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 may be ordered or notified by thls Court or any other United States District Court to which the defendant m ay be held to answer or the cause transferred. The defendant is required to ascertain from the Clerk of Court or defense counsel the time and place of a11 scheduled proceedings on the case. In no event may a defendant assume that his or her case has been dism issed unless the Court has entered an order of dismissal. The defendant is to abide by any judgment entered in such matter by sun'endering to serve any sentence imposed and obeying any order or direction in cormection with suchjudgment. This is a continuing bond, including any proceeding on appeal or review, which shall rem ain in full force and effect until such time as the Court shall order othem ise. 2. M ay not travel outside the Southern District of Florida unless otherwise approved by the Coul't prior to any such travel. The Southelm District of Florida consists of the following counties: Broward, Highlands, lndian River, M artin, M iam i-Dade, M onroe, Okeechobee, Palm Beach and St. Lucie. 3. M ay not change his/her present address without prior notification and approval from the U.S. Probation Officer or the Court. 4. M ust cooperate with law enforcement officers in the collection of a DNA sample if the collection is required by 42 U.S.C. Section 14135a. 5. Must not violate any federal, state or local law while on release in this case. Should the defendant come in contact with 1aw enforcement he/she shall notify the U.S. Probation Officer within 72 hours. Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 1 of 6 pzv l D (4 < s : 5 n yso - t oElœxowx'z': y z @ cAsE NUMBER: tx+ o e' M f -' 6 PAGE Tw o SPECIAL CONDITIONS OF BOND ln addition to compliance with the previously stated conditions special conditions checked below: a. Surrender a1l passpol'ts and travel doctlments, if any, to Pretrial Services and not obtain any travel documents during the pendency of the case; b. Report to Pretrial Services as follows: ( as directed or timets) a week in person and timets) a week by telephone', c. Submit to substance abuse testing and/or treatment, contribute to the cost of services rendered based on ability to pay, as determ ined by the U.S. Probation Officer; of bond, the defendant must comply with the d. Regain 9om excessive OR abstain 9om alcqhol use or any use of a narcotic drtzg or other controlled substance, as detined in section 102 of the Controlled Substances Act (21 U.S.C. j802), without a prescription by licensed medical practitioner; e. Participate in a mental health assessm ent and/or treatment and contribute to the costs of services rendered based on ability to pay, as determined by the U.S. Probation Officer; L Employment restrictionts): g. M aintain or actively seek f'ull-time employment; h. M aintain or begin an educational program; i. Avoid a1l contact with victims or witnesses to the crim es charged, except through counsel. The AUSA shall provide defense counsel and pretrial services with the nam es of al1 victims or witnesses. The prohibition against contact does not take effect until défense counsel 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.; Y .Avoid a11 contact with co-defendants and defendants in related cases, except through counsel', k. Refrain from possessing a firearm, destnzctive device or other dangerous weapons and shall surrender (if any), their concealed weapons permit to the U .S. Probation Office; 1. None of the signatories m ay sell, pledge, mortgage, hypothecate, encumber, etc., any real property they own, m. M ay not visit comm ercial transportation establishment'. airports, seaport/m arinas, commercial bus terminals, until the bond is discharged, or otherwise m odified by the Court; train stations, etc.; n. Defendant shall consent to the U.S. Probbtion Officer conducting periodic unarmounced examinations of the defendant's computer equipment at his/her place of employment or on the computer at his/her residence which may include retl-ieval and copying of al1 data from the computerts) and any intemal or extemal peripherals to ensure compliance with this condition and/or removal of such equipment for the purpose of conducting a more thorough inspection; and consent at the direction of the U.S. Probation Offcer to have installed on the defendant's computerts), at the defendant's expense, any hardware or software systems to monitor the defendant's computer use; Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 2 of 6 DEFENDANT: %?% h P $ ' Mê X 9-3- * 6 e' f CASE NUMBER: h*. G= - *% r e 3 Y PAGE THREE o. LOCATION M OM TORING ROGR AM : 'l'he defendant shall be m onitored by the fonn of location monitoring and shall abide by 1 technology requirements as noted below, as well as contribute to the costs of services rendered based on ( ) ability to pay as detennined by the U.S. Probation Officer - or - ( ) paid by U.S. Probation; Location monitoring technology at the discretion of the offcer adio Frequency (RF) monitoring (Electronic Monitoring) Active GPS M onitoring Voice Recognition Curfew: You are restricted to your residence evely day 9om to , or as dkected by the supervising fcer. OR Ho e Detention: You are restricted to your residence at a1l tim es except for: ( nedical ( substance abuse or mental health treatment .( court appearances ( ) ttozmey visits or court ordered obligations ( eligious services ( mployment other activities as pre-approved by the supervising officer - p. SIDENTIAL RE-ENTRY CENTER: The defendant shall reside at a residentialre-entry center or halfway house and abide by a11 the nlles and regulations of the program. The cost to be paid by ( lpretrial Services or ( ) based on the defendant's ability to pay. You are restricted to the residential re-entry center/halfway house at a1l times except for: ) employment ) education ) religious services ) medical, substance abuse, or mental health treatment ) attomey visits ) court appea' rances ) court ordered obligations ) reporting to Pretrial Services ) other - q. Third-party Custody: will serve as a third party custodian and will repol't 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. û 401, Contempt of Court. r. The defendant shall submit his person, property, residence, vehicle, papers, computers, (as defined in 18 - U.S.C. 1030(e)(1)), other electronic communication or data storage devices or media, or office, to a search conducted by a United States Probation Officer. The defendant must wal'n 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 manner. Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 3 of 6 xx sn é$, -. sw DEFENDANT: x' CASE NUM BER: D e* PAGE FOUR s. M andatory Adam W alsh Conditions: Defendant shall abide by specified restrictions on personal associations, place of abode, or travel, to avoid aIl contact with an alleged victim of the crime and with a potential witness who m ay testify concerning the offense; report on a regular basis to a designated law enforcement agency, pretrial sel-vices agency or other agency; comply with a specified curfew (with electronic monitoring) and refrain from possessing a firearm, destnzctive device or other dangerous weapons. t. Additional Sex Offense Conditions For Defendants Cham ed or Convicted of a Sexual Offense: ) Defendant may not have contact with victimls), or any child under the age of l 8, unless approved by the Court or allowed by the U.S. Probation Officer. ) The defendant shall not possess or use any data encryption teclmique or program and shall provide passwords and adm inistrative rights to the U.S. Probation Officer. Defendant shall participate in specialized sex offender evaluation and treatm ent, if necessary, and to contribute to the costs of services rendered based on ability to pay, as detenuined by the U .S. Probation Office. ) Defendant shall not possess, proctlre, purchase or othelwise obtain any internet capable device and/or computer. Additionally, the defendant is prohibited from using another individual's computer or device that has internet capability. ) Defendant is prohibited from establishing or maintaining any email account or social media accotmt. Additionally, the defendant is prohibited from using another individual's em ail account or social m edia account. M ust provide monthly or upon request, personal phone and credit card billings to Pretrial Selwices to confil'm there are no services with any intelmet selwices provider. ) Defendant is not permitted to enter places where children congregate including, but not limited to any play areas, playgrounds, libraries, children-themed restaurants, daycares, schools, amusement parks, carnivals/fairs, unless approved by the U .S. Probation Officer. ) The defendant shall not be involved in any children's or youth organizations. ) Defendant is prohibited from viewing, owninj, or possessing any obscene, pornographic, or sexually stimulating visual or auditory matenal, including telephone, electronic m edia, computer programs, or computer services. ) The defendant shall participate in a maintenance polygraph examination to periodically investigate the defendant's compliance. The polygraph examination shall specifically address only defendant's compliance 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 contribute to the costs of services rendered (co-payment) based on ability to pay or availability of third party payment. u. M av travel to and from : , and must notify Pretrial Services of travel plans before leaving and upon rettlrn. v. Compl with the following additional conditions of bond' - N z ' # ro c o Q -e . / * * .-. X Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 4 of 6 DEFENDANT: CASE NUM BER: PAGE FIVE X & - w. J'. &z'ep''n PENALTIES AND SANCTIONS APPLICABLE TO DEFENDANT Violation of any of the foregoing conditions of release m ay result in the immediate 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, forlkiture 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 fine. The comm ission of any offense while on pretrial release may result in an additional sentence upon conviction for such offense to a term of imprisonment of not more than ten years, if the offense is a felony; or a tenn of imprisonment of not more than one year, if the offense is a m isdem eanor. This sentence shall be consecutive to any other sentence and must be imposed in addition to the sentence received for the' offense itself. Title 18 U.S.C. j1503 makes it a felony criminal offense punishable by imprisomuent and a $250,000 fine to intimidate or attempt to intimidate a witness, juror or officer of the court; 18 U.S.C. j1510 makes it a felony criminal offense punishable by imprisonment and a $250,000 fine to obstnlct a criminal investigation; 18 U.S.C. j1512 makes it a felony criminal offense punishable by imprisonment and a $250,000 tine to tamper with a witness, victim or infonaAant; and 18 U.S.C. j 1513 makes it a felony criminal offense punishable by imprisonment and a $250,000 fine to retaliate against a witness, victim or informant, or threaten to do so. It is a climinal offense under 18 U.S.C. j3 146, if after having been released, the defendant knowingly fails to appear as required by the conditions of release, or to surrender for the service of sentence pursuant to a court order. lf the defendant was released in connection with a charge of, or while awaiting sentence, surrender for the service of a sentence, or appeal or certiorari after conviction for: (l) an offense punishable by death, life implisonment, or iluprisonment for a term of fifteen years or more the defendant shall be fined not more than $250,000 or imprisoned for not more than ten years, or both; (2) an offense punishable by ilnprisonment for a term of five years or more, but less than fifteen years, the defendant shall be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony, the defendant shall be fined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor, the defendant shall be fined not more than $ 100,000 or imprisoned not more than one year, or both. A tenu of imprisonm ent imposed for failure to appear or surrender shall be consecutive to the sentence of imprisonm ent for any other offense. In addition, a failure to appear m ay result in the forfeiture of any bail posted, which means that the defendant will be obligated to pay the full amount of the bond, which may be enforced by a1l applicable laws of the United States. Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 5 of 6 e 7 îN:5 osssxoxxv: u / % IS CASE NUMBER: > - % PAGE SIX PENALTIES AND SANCTIONS APPLICABLE TO SURETIES Violation by the defendant of any of the foregoing conditions of release will result in an immediate obligation by the surety or sureties to pay the full amount of the bond. Forfeiture of tlze bond for any breach of one or more conditions may be declared by ajudicial officer of 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 the forfeimre is not set aside or remitted, judgment may be entered upon motion in such United States District Court against each surety jointly and severally for the amount of the bond, together with interest and costs, and execution may be issued and payment secured as provided by the Federal Rules of Criminal Procedure and other laws of the United States. SIGNATURES 1 have carefully read and 1 understand this entire appearance bond consisting of seven pages, or it has been read to me, and, if necessary, translated into my native language, and I know that I am obligated by law to comply with a11 of the terms of this bond, 1 promise to obey al1 conditions of this bond, to appear in court as required, and to surrender for service of any sentence imposed. I am aware of the penalties and sanctions outlined in this bond for violations of the terms of the bond. If I am an agent acting for or on behalf of a corporate surety, I further represent that 1 am a duly autlzorized agent for the coporate surety and have ftl11 power to execute this bond in the amount stated. DEFENDANT ez1 m l A day of -) eW A , 20 10 at % $7 , Florida signed this signed and acknowledged bef me: DEFENDANT: (Signature) 4 e' ? ' wlTxEss: > fa M t F/ or f'bd- % e (ijty state k T t * X f City Statc CORPORATE SURETY Signed this day of 20 at ' , Florida SURETY: : (Signature) PRINT NA M E: City State INDIVIDUAL SURETIES Jbî 20% at o , Florida signedtus dayof , Z SURETY: (Signature . ,7 PRINT NAME: 4WW et G N( b RELATIONSIIIP TO DEFENDANT: *N Y /tX * 1 (zity State (zity State Sipaed this day of , 20 a , Florida Signed this day of , 20 at , Florida SURETY: (Signature) SURETY: (Signature) PRINT NAM E: T NAM W .. RELATIONSHIP TO DEFENDANT: RELATIO TO DEFEND ' : (zity State (zity State APPROVAL BY THE COURT . ' o 1) ate: UNITED STAT/S AG TM TE JUDGE Sired this day of , 20 at , Rorida SURETY: (Signature) PRINT NAM E: REM TIONSHP TO DEFENDANT: Case 1:20-mj-03237-JB Document 5 Entered on FLSD Docket 07/30/2020 Page 6 of 6
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