Court filing
Court filing — United States v. Tracy D. Wade (Doc. 97)
Filed July 1, 2024 in United States v. Tracy D. Wade; one of 133 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-07-01 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 97 · 2024-07-01 · Docket on CourtListener
Full text
(Revised 03/2020) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA APPEARANCE BOND: CASE NO.: 23-60173-CR-m LLlAM S (S) UNITED STATES OF AM ERICA: Plaintiff, USM # : TM CY D . W ADE, Defendant, / 1, the undersigned defendant and l or we, the tmdersigned sureties, jointly and severally acknowledge that we and otlr personal representatives, jointly and severally, are botmd to pay the United States of America, the sum of $ 9 STANDARD CONDITIONS O F BOND The conditions of this bond are that the defendant: 1 . Shall appear before this Court and at such other places as the defendant may be required to appear, in accordance with any and al1 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 notifed by this 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 a1l scheduled proceedings on the case. ln no event m ay a defendant assume that his or Court has entered an order of dism issal. The defendant is to abide her case has been dism issed unless the surrendering to serve any sentence imposed and This is a continuing bond, including any by any judgment entered in such matter by obeying any order or direction in connection with suchjudgment. on appeal or review, which shall rem ain in full force and proceeding effect until such tim e as the Court shall order othenvise. 2. M ay not travel outside the Southern District of Florida lmless otherwise approved by the Court prior to any such travel. The Southern District of Florida consists of the following cotmties: Broward, Highlands, Indian River, M artin, M inm i-Dade, M orlroe, 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 O lcer or the Court. 4 M ust cooperate with law enforcem ent ofticers in the collection of a DNA snm ple if the collection is required by 42 U .S.C . Section 14135a. ust not violate any federal, state or local law while on release in this case. Should the defendant com e in c ntact with law enforcement he/she shall notify the U.S. Probation Officer within 72 hours. Case 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 1 of 6 % DEFENDANT: T. W ADE CASE NUM BER: 23-60173-CR-KM+ PAGE TW O SPECIAL CONDITIONS OF BOND In addition to compliance with the previously stated conditions of bond, the defendant must comply with the special conditions checked below: '---'' / &' e*uowg- ' M t> '72 h G . a. Surrender al1 passports and travel docllments, if any, to Pretrial Services and not obtain any travel docum ents dtlring 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. Subm it 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 Ofticer; d. Refrain from excessive OR abstain from alcohol use or any use of a narcotic drug or other conlolled substance, as defined in section 102 of the Conkolled Substances Act (21 U.S.C. j802), without a prescription by a licensed medical practitioner; e. Participate in a mental health assessment and/or treatm ent and contribute to the costs of services rendered based on ability to pay, as detenuined by the U.S. Probation Officer; f. Employment restrictiontsl: g. M aintain or actively seek full-time employment-, M aintain or begin an educational program ; i. Avoid all contact with victim s or witnesses to the crim es charged, except through counsel. The AUSA shall provide defense counsel and pretrial services with the names of a11 victim s or witnesses. The prohibition against contact does not take effect until defense cotmsel receives the list. The prohibition against contact applies only to those persons on the list, but the prosecutor may expand the list by sending written notice to defense counsel and pretrial services.; j Avoid a1l contact with co-defendants and defendants in related cases, except through counsel; k. Refrain from possessing a firearm, destructive device or other dan erous weapo s and shall surrender (if any), their concealed weapons permit to the U.S. Probation Office; O F W#p VA b n . 1. N one of the signatories m ay sell, pledge, mortgage, hypothecate, enctunber, etc., any real property they own, until the bond is discharged, or otherwise modified by the Court; m . M ay not visit com mercial transportation establishment: airports, seaport/marinas, comm ercial bus tenninals, train stations, etc.; n. Defendant shall consent to the U.S. Probation Officer conducting periodic tmnnnounced exnm inations of the defendant's computer equipment at his/her place of employment or on the computer at his/her residence wllich may include retrieval and copying of a11 data from the computerts) and any intemal or extemal peripherals to ensure compliance with this condition and/or rem oval of such equipm ent for the purpose of conduding a more thorough inspection; and consent at the direction of the U.S. Probation Oftker to have installed on the defendant's computerts), at the defendant's expense, any hardware or software systems to monitor the defendnnt's computer use; Case 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 2 of 6 DEFENDANT: T. W ADE CASE NUM BER: 23-60173-CR-KM + PAGE THREE o. LOCATION M ONITO RING PROGR AM : The defendant shall be monitored by the fonn of location m onitoring and shall abide by all technology requirem ents as noted below, as well as contribute to the costs of services rendered bmsed on ( ) ability to pay as determined by the U.S. Probation Oftscer - or - ( ) paid by U .S. Probation; Location m onitoring teclmology at the discretion of the offcer Radio Frequency (RF) monitoring (Electronic Monitoring) Active GPS M onitoring V oice Recognition Curfew: You are restricted to your residence every day from to . or as directed by the supervising oë cer. OR Home Detention: You are restricted to your residence at a1l tim es except for: ( ) medical ( ) substance abuse or mental health treatment ( ) court appearances ( ) attorney visits or court ordered obligations ( ) religious services ( ) employment ( ) other activities as pre-approved by the supervising officer - p. RESIDENTIAL RE-ENTRY CENTER : The defendant shall reside at a residential re-entry center or halfway house and abide by all the rules 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 al1 times except for: ( ) employment ( ) education ( ) religious services ( ) medical, substance abuse, or mental health treatment ( ) attomey visits ( ) court appearances ( ) court ordered obligations ( ) reporting to Pretrial 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 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 mediw or oflice, to a search conducted by a United States Probation Officer. The defendant must wm'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 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 3 of 6 DEFENDANT: T. W ADE CASE NUM BER: 23-60173-CR-KM+ 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 al1 contact with an alleged victim of the crim e and with a potential witness who m ay testify concerning the offense; report on a regular basis to a designated law enforcement agency, pretrial services agency or other agency; comply with a specified ctlrfew (with electronic monitoring) and refrain from possessing a firearm, destructive device or other dangerous weapons. t. Additional Sex Offense Conditions For Defendants Charaed or Convicted of a Sexual Offense: ) Defcndant may not have contact with victimts), or any child under the age of 18, unless approved by the Court or allowed by the U .S. Probation Officer. ) The defendant shall not possess or use any data encryption technique or progrnm and shall provide passwords and adm inistrative rights to the U.S. Probation Oftk er. ) 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 determ ined by the U .S. Probation Oftk e. ) Defendant shall not possess, proctlre, purchase or otherwise obtain any internet capable device and/or computer. Additionally, the defendant is prohibited from using another individual's computer or device that has intenwt capability. ) Defendant is prohibited f'rom establishing or maintaining any email account or social media accotmt. Additionally, the defendant is prohibited f'rom using another individual's em ail account or social m edia accotmt. M ust provide monthly or upon request, personal phone and credit card billings to Pretrial Services to confirm there are no services with any internet services provider. ) Defendant is not permitted to enter places where children congregate including, but not limited to any play areas, playjrounds, libraries, children-themed restatlrants, daycares, schools, nmusement parks, carm vals/fairs, unless approved by the U.S. Probation Officer. 7. ) The defendant shall not be involved in any children's or youth organizations. 8. ) Defendant is prohibited from viewing, owning, or possessing any obscene, pomograghic, or sexually stimulating visual or auditory m aterial, including telephone, electronic medla, computer program s, or com puter services. ) The defendant shall participate in a maintenance polygraph exnmination to periodically investigate the defendant's com pliance. The polygraph exam ination 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 criminal 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 paym ent. u. M ay travel to and from : SD/FL , and must notify Pretrial Services of travel plans before leaving and upon r urn. v. Comply with the following additional conditions of bond: DO N OT CHAN GE RESIDENCE W ITHOUT PRIOR W RITTEN APPROVAL FROM THE COURT. + / K S 'R Z/ZW R'F&X S. +, A ur k ,nvcsç/ppgoœ , - clF/eco 4uv A/> N X ' V &''R +- A<T s/W - /A/ - oo o . '>& h w cz-goeu+ > # 'F &; g yz ; Case 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 4 of 6 DEFENDANT: T. W ADE CASE NUM BER: 23-60173-CR-1œ W PAGE FIVE PENALTIES AND SANCTIO NS APPLICABLE TO DEFENDANT Violation of any of the foregoing conditions of release m ay result in the immediate issuance of a wan'ant for the defendant's arrest, a revocation of release, and order of detention, as provided in 18 U.S.C. j3148, forfeittlre 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 tsne. The commission of any offense while on pretrial release may result in atl additional sentence upon conviction for w ch offense to a tenn of imprisonment of not more than ten years, if the offense is a felony; or a tenn of imprisonment of not m ore than one year, if the offense is a misdemeanor. 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. 51503 makes it a felony criminal offense punishable by imprisonment 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 ptmishable by imprisonment and a $250,000 fine to obstruct a criminal investigation; 18 U.S.C. j1512 makes it a felony criminal offense ptmishable by imprisonment and a $250,000 tine to tnmper with a witness, victim or informant; 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 infonnant, or threaten to do so. It is a criminal 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 ptlrsuant to a court order. If the defendant was released in connection with a charge of, or while awaiting sentence, surrender for the selvice of a sentence, or appeal or certiorari after conviction for: (1) an offense punishable by death, life imprisonment, or imprisonment 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 imprisonment for a tenn of five years or more, but less than fifteen years, the defendant shall be tsned 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 year, l I ' A term of im prisonment imposed for failure to appear or surrender shall be consecutive to the sentence of imprisonm ent for any other offense. ln addition, a failure to appear m ay result in the forfeiture of any bail posted, which m eans that the defendant will be obligated to pay the full nmount of the bond, which may be enforced by all applicable laws of the United States. or both. shall be fined not more than $ 100,000 or imprisoned not more than one Case 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 5 of 6 1 DEFENDANT: T. W ADE CASE NUM BER: 23-60173-CR-11M + PAGE S1X 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 stlrety or sureties to pay the full amount of the bond. Forfeimre of the bond for any breach of one or more conditions may be declared by ajudicial oflker 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 forfeiture 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 l have carefully read and 1 understand this entire appearance bond consisting of seven pages, or it has been read to me, and, if necessary, tzanslated into my native language, and 1 know that 1 am obligated by 1aw to comply with al1 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. lf I am an agent acting for or on behalf of a corporate surety, 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. DEFENDANT Signed this day of , 24 at , Florid Signed and acknowledged before me: DEFENDANT: (Signature) WITNESS: Y o m a G '- o f3* dlrx - ci state City State CORPORATE SURETY Signed this day of , 24 at , Florida SURETY: AGENT: (Signature) PRINT NAM E: City State INDIVIDUAL SURETIES Signedtlûs day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: RELATIONSIIIPTO DEFENDANT: Signedthis day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: RELATIONSHIPTO DEFENDANT: City State Signed this day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: RELATIONSHIPTO DEFENDANT: City State Signed thks day of , 24 at , Florida SURETY: (Signature) PRINT NAM E: RELATIONSHIPTO DEFENDANT: City Statc Date: JULY 1, 2024 (lity State APPROVAL BY TH E T D M . STRAUSS ITED STATES M AGISTM TE JUDGE Case 0:23-cr-60173-KMW Document 97 Entered on FLSD Docket 07/02/2024 Page 6 of 6
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