Order Setting Conditions of Release — No. 4:21-cr-00066 (Dkt. 9, S.D. Tex.)

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An order setting conditions of release for LaDonna Wiggins, Criminal No. H-21-CR-66-1, in the U.S. District Court for the Southern District of Texas, dated 3/2/21 and signed by Magistrate Judge Christina Bryan. It requires that the defendant not violate any law, not intimidate witnesses or obstruct an investigation under 18 USC § 1503 and related statutes, report any change of address and telephone number, and appear in court as required. The order also sets the terms of release and additional conditions supervised by the Pretrial Services Agency.

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United States District Court

(Rev. 12/08) Southern District of Texas
. ENTERED
UNITED STATES DISTRICT COURT SOUTHERN pistReP GP: }

| Nathan Ochsner, Clerk
el

UNITED STATES OF AMERICA

vs. " CRIMINAL NO. H-21-CR-66-1

OO) CO) UN )

LADONNA WIGGINS

ORDER deTTING CONDITIONS OF RELEASE

IT IS ORDERED that the defendant's release is subject to the following conditions:

1. The defendant must not violate any federal, state or local law while on release.
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2. The defendant must not intimidate or attempt to intimidate a witness, juror or officer of the court
(18 USC § 1503), obstruct a criminal investigation (18 USC § 1510), or tamper with or retaliate
against a witness), victim or informant (18 USC §§ 1512 and 1513).
if
3. The defendant must immediately advise the Court, defense counsel and the Pretrial Services
Agency, in =e before any change in address and telephone number.

4. The defendant must appear in court as required and must surrender to serve any sentence imposed.
The defendant must appear at (if blank, to be notified):

3/2/21 __ on
Place ; Date/Time

RELEASE ON PERSONAL RECOGNIZANCE OR UNSECURED BOND

ITISF URTHER ORDERED that the defendant be released on condition that:

[X] = The defendant promises to appear in court as required and surrender to serve any sentence
imposed.
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[X] 6. The defendant executes an unsecured bond binding the defendant to pay the United States

the sum of $ 100:000 Deposit $5,000 in the event of a failure to appear as required or to surrender
to serve any sentence imposed. (Deposit due 3/5/2021)

{ | The bond|shall be signed by the following person(s) as surety:


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 FURTHER ORDERED that the defendant’s

release is subject to the conditions marked below:

[ ] 7 The defendant is placed in the custody of:

(Name of person or organization)

(Address)

(City/State/Zip Code) (Area Code/Telephone Number)

who agrees (a) to supervise the defendant in accordance with all 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 conditions of release or disappears.

Signed:
Custodian or Proxy Date
[X] 8. The defendant must:

[X] a. Report to the U. S. Pretrial Services Agency - Phone: 713-250-5218, on a regular
basis. “

[ ] b. Execute a bond or an agreement to forfeit upon failing to appear as required the
following sum of money or designated property:

{ ] ron 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 amount of $

[X] ei Maintain or actively seek verifiable employment.

[ ] f, Maintain or commence an education program.

[X ] g. Surrender U.S. Passport and/or Foreign Passport to the U.S. Pretrial Services
Agency. :

[X] h. Obtain no passport.

Ix]

[X]

[ ]

[ ]

[ ]

[xX]

[X]

[xX ]

t]

i. Abide by the following restrictions on personal association, place of abode, or
travel:

[ ] Harris and the bordering counties:

[ ] Continental United States; or

[x] SDTX and travel Outside travel to be preapproved by US Probation.

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:
co-defendants Do not speak about case unless atty is present.

k. Submit to a mental health evaluation and/or participate in a mental health treatment
program as directed by US Probation Office. The defendant will incur the costs associated
with any services related to treatment, based on the ability to pay as determined by US
Probation.

l. 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.

n. Refrain from possessing a firearm, destructive device, or other dangerous weapons.
0. Refrain from () any (x ) excessive use of alcohol.
p. Refrain from use or unlawful possession of a narcotic drug 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.

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£ Participate in a program of inpatient or outpatient substance abuse therapy and
counseling if the Pretrial Services Office or supervising officer considers it advisable.

I

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{ ]

[]

[X]

[ X]

S. Participate in one of the following location monitoring program components and

abide by its requirement as the Pretrial Services Office or supervising officer instructs.

[ ] (i) Curfew. You are restricted to your residence every day ( )
from to , or ( ) 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 your residence at all
times except for medical needs or treatment, and court appearances pre-
approved by the Pretrial Services Office or supervising officer.

t. Submit to the location monitoring indicated below and abide by all of the program

requirements and instructions provided by the Pretrial Services Office 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 officer; STAND ALONE MONITORING

[ ] (ii) | Radio Frequency (RF) monitoring;
[ ] (iii) | Passive Global Positioning Satellite (GPS) monitoring;
{ J (iv) Active Global Positioning Satellite (GPS) monitoring (including
“hybrid” (Active/Passive) GPS);
[ ] . (v) Voice Recognition monitoring.
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u. Immediately report contact with law enforcement to Pretrial Services.
V. Special Conditions: can not participate in payment protection program and no new

lines of credit and no access to any individuals personal or financial information other than
self.

Advice of Penalties and Sanctions

Violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant
for the defendant’s arrest, a revocation of release, an order of detention, as provided in 18 USC § 3148, and a
prosecution for contempt as provided in 18 USC § 401 which could result in a possible term of imprisonment or
fine.

The commission 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 to
a term of imprisonment of not more 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.
18 USC § 3147.

18 USC § 1503 makes it'a criminal offense punishable by up to five years of imprisonment and a $250,000
fine to intimidate or attempt to intimidate a witness, juror or officer of the court; 18 USC § 1510 makes it a
criminal offense punishable by up to five years imprisonment and a $250,000 fine to obstruct a criminal
investigation; 18 USC § 1512 makes it a criminal offense punishable by up to ten years of imprisonment and a
$250,000 fine to tamper with a witness, victim or informant; and 18 USC § 1513 makes it a criminal offense
punishable by up to ten years of imprisonment and a $250,000 fine to retaliate against a witness, victim or
informant, or threaten or attempt to do so.

It is a criminal offense under 18 USC § 3146, 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. Ifthe defendant was released in connection with a charge of, or while awaiting sending, surrender for the
service of a sentence, or appeal or certiorari after conviction for:

[ ] l. 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 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
for not more than two years, or both;

[ ] 4, a misdemeanor, the defendant shall be fined not more than $100,000 or imprisoned
for not more than one year, or both.
A term of imprisonment imposed for failure to appear or surrender shall be consecutive to the sentence of
imprisonment for any other offense. In addition, a failure to appear may result in the forfeiture of any bail posted.
i
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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.

La \ ann WW han pe

Signature of Defendant

Address

‘ City/State/Zip Code

Telephone Number

Direction to United States Marshal
[ ] The defendant is ORDERED released after processing.

[x] The United States Marshal is ORDERED to keep the defendant in custody until notified by the clerk or
judicial officer that the defendant has posted bond and complied with all other conditions for release. The
defendant shall be produced before the appropriate judicial officer at the time and place specified, if still
in custody.

Date: _ 3/2/21 Unis -Atiya—

Christina Bryan
United States Magistrate Judge

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