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Waiver of Rule 5 & 5.1 Hearings — United States v. Bryce S. Carter (Dkt. 12, E.D. Va. No. 1:25-po-00492)

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United States v. Bryce S. Carter, Case No. AAQ 25-po-01207-1, in the U.S. District Court for the District of Maryland at Greenbelt, with the charging district's case number 1:25-po-00492-JFA-1 in the Eastern District of Virginia. The filing is a set of forms dated March 26, 2025. They are a Waiver of Rule 5 & 5.1 Hearings, an Order Appointing Federal Public Defender, and an Order Pursuant to Fed R. Crim. P. 5(f) directing the United States to meet its disclosure obligations under Brady v. Maryland. They also include an Order Setting Conditions of Release and an Advice of Penalties and Sanctions.

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“Waiver of Rule 5 & 5.1 Hearings — United States v. Bryce S. Carter (Dkt. 12, E.D. Va. No. 1:25-po-00492).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-25-po-00492-dkt-12-e-d-va-945473300a/, SHA-256 3aba0d0d8c55e919346b5a2d9543029cee00fea25cb81596ff12b85a90b00011.

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AO 466A (Rev. 12/09; MD 02/10) Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment)

UNITED STATES DISTRICT COURT = tosaes — Receive
for the 3:08 pm, Mar 26 2025
District of Maryland AT GREENBELT
= CLERK, U.S. DISTRICT COURT
DISTRICT OF MARYLAND
United States of America ) BY __@.M._Deputy
Vv. Case No. AAQ 25-po-01207-1
Bryce S. Carter - ) Charging District’s Case No. 1:25-po-00492-JFA-1
Defendant

WAIVER OF RULE 5 & 5.1 HEARINGS
(Complaint or Indictment)

I understand that I have been charged in another district, the (name of other court) United States District Court of

the Eastern District of Virginia

I have been informed of the charges and of my rights to:

(1) retain counsel or request the assignment of counsel if | am unable to retain counsel;

(2) an identity hearing to determine whether | am the person named in the charges;

(3) production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either;

(4) a preliminary hearing within 14 days of my first appearance if | am in custody and 21 days otherwise

- —unless I am indicted — to determine whether there is probable cause to believe that an
offense has
been committed;

(5) a hearing on any motion by the government for detention:
(6) request transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty.
I agree to waive my right(s) to:

an identity hearing and production of the warrant.

a a preliminary hearing.
O

a detention hearing.

an identity hearing, production of the warrant, and any preliminary or detention hearing to which I may
be entitled in this district. I request that those hearings be held in the prosecuting district, at a time set
that court.

I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are
pending against me.

Date: March 26, 2025

Defendant's signature

Signature of defendant's attorney

Printed name of defendant's attorney
___ ENTERED

____ LOGGED ___ RECEIVED --
3:10 pm, Mar 26 2025
IN THE UNITED STATES DISTRICT COURT AT GREENBELT
FOR THE DISTRICT OF MARYLAND DISTRICT OF MARYLAND
BY . C.M. Deputy
UNITED STATES OF AMERICA
Vv. Case No. AAQ 25-po-01207-1
*
Bryce S. Carter
*

ORDER APPOINTING FEDERAL PUBLIC DEFENDER

The above named Defendant having been found to be indigent and entitled to appointment
of counsel under the Criminal Justice Act, and the government having proffered that they know of
no conflict precluding appointment of the Public Defender,

IT IS ORDERED this 26" day of __ March ,_2025_, that the Federal Public Defender

for the District of Maryland is appointed to represent the above named Defendant.

4

ted States Magistrate Judge

U.S. District Court (4/2000) Criminal Magistrate Forms: Appointing Counsel
FILED __ ENTERED

____ LOGGED ___ RECEIVED”
, 3:10 pm, Mar 26 2025
IN THE UNITED STATES DISTRICT COURT AT GREENBELT
, U.S. DISTR
FOR THE DISTRICT OF MARYLAND DISTRICT OF MARYLAND
BY C.M. Deputy
UNITED STATES OF AMERICA
v. Criminal No. AAQ 25-po-01207-1
BRYCE S. CARTER
Defendant.

ORDER PURSUANT TO Fed R. Crim. P. 5(f)

As amended on October 21, 2020, Federal Rule of Criminal Procedure 5(f) and the Due
Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020) require that:

“In all criminal proceedings, on the first scheduled court date when both prosecutor and
defense counsel are present, the judge shall issue an oral and written order to prosecution and
defense counsel that confirms the disclosure obligation of the prosecutor under Brady v. Maryland,
373 U.S. 83 (1963) and its progeny, and the possible consequences of violating such an order under
applicable law.”

Accordingly, the Court ORDERS the United States to adhere to the disclosure obligations
set forth in Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Brady v. Maryland instructs
that “the suppression by the prosecution of evidence favorable to an accused” violates due
process where the evidence is “material either to guilt or to punishment, irrespective of the good
faith or bad faith of the prosecution.” 373 U.S. at 87. Failure to adhere to this requirement in a
timely manner may result in serious consequences, including, but not limited to, exclusion of
evidence, adverse jury instructions, dismissal of charges, contempt proceedings, vacating a
conviction, or disciplinary action against the prosecution.

Having given counsel the oral admonition required by the Due Process Protections Act,
the United States is ordered to produce in a timely manner all exculpatory evidence to the
defendant pursuant to Brady v. Maryland and its progeny. Not doing so may result in the
imposition of the sanctions referenced in this Order.

It is SO ORDERED. Zz=

Date: March 26, 2025 -dereshi
States Magistrate Judge -
AO 199A (Rev. 11/08; Rev MD 07/21) Order Setting Conditions of Release Page 1 of 4

UNITED STATES DISTRICT COURT _Y reo __ ewrereo

____ LOGGED RECEIVED
for the 3:12 pm, Mar 26 2025
District of Maryland AT GREENBELT

CLERK, U.S. DISTRICT COURT
DISTRICT OF MARYLAND

United States of America BY C.M. Deputy

Vi

Bryce S. Carter Case No. AAQ 25-po-01207-1

Defendant

ORDER SETTING CONDITIONS OF RELEASE

IT IS ORDERED that the defendant’s release is subject to these conditions:
(1) The defendant must not violate any federal, state or local law while on release.

(2) The defendant must cooperate in the collection of a DNA sample if the collection is authorized by
34 U.S.C. § 40702.

(3) The defendant's residence must be approved by the U.S. Pretrial Services Officer (USPTO) supervising the defendant's
release and the defendant must advise the court, defense counsel, and the U.S. attorney in writing before any change in
address or 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)

Place

on When Notified
Date and Time

Release on Personal Recognizance or Unsecured Bond

IT IS FURTHER ORDERED that the defendant be released on condition that:
1 (5) The defendant promises to appear in court as required and surrender to serve any sentence imposed.
(1 (6) The defendant executes an unsecured bond binding the defendant to pay to the United States the sum of

dollars ($ )

in the event of a failure to-appear as required or surrender to serve any sentence imposed.

ADDITIONAL CONDITIONS OF RELEASE

Pursuant to 18 U.S.C. § 3142(c)(1)(B), the court may impose the following least restrictive condition(s) only as necessary to reasonably
assure the appearance of the person as required and the safety of any other person and the community.

IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:

O (7) The defendant is placed in the custody of (name of person or organization):
at an address approved by the Pretrial Services Office.

The defendant must not change that address without advance approval by the Pretrial Services Office 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:

Custodian or Proxy Date Tel. No (only if above is an organization)
AO 199A (Rey, 11/08; Rev MD 07/21) Order Setting Conditions of Release Page 2 of 4

-) (8) The defendant must:

O

O
O

O

O

66 Goo

O

Oo

(a) report to the

telephone number no later than

(b) report on a regular basis to the supervising officer. The defendant shall promptly obey all reasonable directions and
instructions of the supervising officer.

(c) execute a bond or an agreement to forfeit upon failing to appear as required the following sum of money or designated
property:

(d) post with the court the following proof of ownership of the designated property, or the following amount or percentage of
the above-described sum

(e) execute a bail bond with solvent sureties in the

(f) maintain or actively seek employment as approved by the U.S. Pretrial Services Officer.
(g) maintain or commence an education program.

(h) surrender any passport to:

(i) obtain no passport.

(j) abide by the following restrictions on personal association, place of abode, or travel:

(k) 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:

(1) undergo medical or psychiatric treatment:

(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 CO 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.

(r) participate in a program of inpatient or outpatient substance abuse therapy and counseling if the pretrial services office or
supervising officer considers it advisable.

(s) participate in one of the following location restriction programs and comply with its requirements as directed.

C (i) Curfew. You are restricted to your residence every day ( U1 ) from to ,
or

1 (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

CO (iii) Home Confinement. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities,
attorney visits, court appearances, or other activities specifically approved by the court; or

(iv) Stand Alone Monitoring. You have no residential curfew, home detention, or home confinement restrictions.
However, you must comply with the location or travel restrictions as imposed by the court.

1 (vy) Other.

(t) submit to the following location monitoring technology and comply with its requirements as directed:

© (i) Location monitoring technology as directed by the pretrial services or supervising officer; or

O (ii) Voice Recognition/Virtual Monitoring; or

C1 (ill) Radio Frequency; or

CO (iv) GPS.

(u) pay all or part of the cost of location monitoring based upon your ability to pay as determined by the pretrial services or

supervising officer.
AO 199A (Rev. 11/08; Rev MD 07/21) Order Setting Conditions of Release Page 3 of 4

C (v) Refrain from the use of computer systems, Internet-capable devices and/or similar electronic devices at any location
(including employment or educational program) without the prior written approval of the U.S. Probation or Pretrial
Services Officer. The defendant shall cooperate with the U.S. Probation and Pretrial Services Office monitoring of
compliance with this condition. Cooperation shall include, but not be limited to, participating in a Computer & Internet
Monitoring Program, identifying computer systems, Internet-capable devices and/or similar electronic devices the
defendant has access to, allowing the installation of monitoring software/hardware at the defendant’s expense, and
permitting random, unannounced examinations of computer systems, Internet-capable devices and similar electronic

devices under the defendant’s control.
1 (w) The defendant must comply with all directives from federal, state, and local government pertaining to the public health,

Including COVID-19.

5 Sa ¥ X v ¥ pl
AO 199C (Rev. 09/08, MD 07/21) Advice of Penalties Page 4 of 4

ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT: Bryce S. Carter
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a
revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in
imprisonment, a fine, or both.

While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years
and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive
(i.e. in addition to) to any other sentence you receive.

It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation;
tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate 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 the conditions of release require, or to surrender to serve a 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 will 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 will be fined not

more than $250,000 or imprisoned for not more than five years, or both;

(3) any other felony - you will be fined not more than $250,000 or imprisoned not more than two years, or both:

(4) a misdemeanor - you will 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 will be consecutive to any other sentence you receive. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.

Acknowledgment of the Defendant

| acknowledge that I am the defendant in this case and that I am aware of the conditions of release. 1 promise to obey all conditions of

release, to appear as directed, and surrender to serve any sentence imposed. 1 am aware of the penalties and sanctions set forth above.

Defendant's Signature

City and State

Directions to the United States Marshal

he defendant is ORDERED released after processing.
(J The United States Marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has
posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the

appropriate judge at the time and place specified.
Date: March 26, 2025 i

Judicial Officer's Signature

sel A. Quereshi, United States Magistrate Judge

Printed name and title


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