Order Setting Conditions of Release — United States v. Andrew Johnson, No. 2:22-mj-1148-KCD

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An Order Setting Conditions of Release in United States of America v. Andrew Johnson, Case No. 2:22-mj-1148-KCD, Document 8, filed 12/07/22, in the U.S. District Court, Middle District of Florida, Fort Myers Division. It sets standard conditions, including that the defendant must not commit any offense, must cooperate in DNA collection if authorized, and must advise the court of any change in address and telephone number. It lists additional conditions to be marked, such as third-party custody, reporting to the Pretrial Services Office, travel restricted to the Middle District of Florida, and location monitoring. The form includes an Advice of Penalties and Sanctions and is dated December 7, 2022, over a United States Magistrate Judge signature line.

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Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 1 of 7 PagelD 16

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

V.

CASE NO.: 2:22-mj-1148-KCD

ANDREW JOHNSON

ORDER SETTING CONDITIONS OF RELEASE

To reasonably assure the appearance of Defendant Andrew Johnson and

the safety of other persons and the community, the Court hereby ORDERS
that Defendant’s release is subject to the CONDITIONS set forth herein.

(1)

(2)

(3)

(4)

Standard Conditions of Release

Defendant must not commit any offense in violation of federal, state, or
local law while on release.

Defendant must cooperate in the collection of a DNA sample if it is
authorized by 42 U.S.C. § 14135a.

Defendant must immediately advise the Court, the Pretrial Services
Office (or the supervising officer), defense counsel, and the U.S. Attorney
in writing of any change in address and telephone number.

Defendant must appear at all proceedings as required and must
surrender for service of any sentence imposed as directed. Defendant
must next appear in the United States Courthouse and Federal Building
or other location in the Courtroom directed upon notice.

Additional Conditions of Release

IT IS FURTHER ORDERED that Defendant’s release is subject to the
condition(s) marked below:

0

Defendant is placed in the third-party custody of the third-party
custodian identified below, who agrees to: (a) supervise Defendant;
(b) use every effort to assure Defendant’s appearance at all court
x]

Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 2 of 7 PagelD 17

proceedings; and (c) notify the court immediately if Defendant
violates a condition of release or is no longer in the custodian’s
custody.

Custodian (printed name) Custodian (signature) Date

Report as directed by the Pretrial Services Office.

Obtain no passport (or other international travel document) and
surrender any existing passport (active or expired) to the Clerk's Office
no later than

Maintain or actively seek verifiable employment.

O Defendant may not maintain or seek employment in any
position that:

O Defendant must inform any employer of the existence and
nature of the pending charge(s).

Continue or start an education program.

Refrain from possessing a firearm, destructive device, or other
dangerous weapon.

Refrain from any consumption of alcoholic beverages.
Refrain from excessive consumption of alcoholic beverages.

Refrain from any use or unlawful possession of a narcotic drug or other
controlled substance in 21 U.S.C. § 802, unless with prior written
approval of the Pretrial Services Office or the supervising officer, or as
may be lawfully prescribed in writing by a licensed medical practitioner.

Report as soon as possible to the Pretrial Services Office any contact
with law enforcement personnel, including, but not limited to, any
arrest, questioning, or traffic stop.

Abide by the following restriction(s) on personal association:
Defendant must not have contact, directly or indirectly, with ____.
Abide by the following restriction(s) on residence:

Defendant’s residence is restricted to

Notwithstanding this restriction, the Pretrial Services Office or the
supervising officer may permit Defendant to change his or her residence
temporarily in response to a genuine emergency (including, but not
limited to, any condition that may threaten the defendant’s life, health,

2
Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 3 of 7 PagelD 18

or safety) until such time as an appropriate motion seeking to modify
this residential restriction can be filed with and resolved by the Court.

Abide by the following restriction(s) on travel:

Defendant’s travel is restricted to the Middle District of Florida other
than for court purposes.

Defendant may also visit defendant’s attorney if outside this area, but
only after providing notification to the Pretrial Services Office or the
supervising officer. All other travel must be approved by the Pretrial
Services Office or the supervising officer. Any request to travel outside
the area set forth above must be submitted in writing and approved by
the Pretrial Services Office or the supervising officer at least three (3)
days before the date on which travel is to commence. A courtesy copy
of this written request must also be submitted to the Assistant United
States Attorney assigned to this case.

The Middle District of Florida consists of the following Florida counties:
Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia,
DeSoto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando,
Hillsborough, Lake, Lee, Marion, Manatee, Nassau, Orange, Osceola,
Pasco, Pinellas, Polk, Putnam, Sarasota, St. Johns, Seminole, Sumter,
Suwannee, Union, and Volusia. The Ft. Myers Division consists of the
following Florida counties: Charlotte, Collier, DeSoto, Glades,
Hendry, and Lee.

Submit to a mental health evaluation or psychiatric evaluation as
directed by the Pretrial Services Office.

Submit to a mental health evaluation and/or treatment to include crisis
counseling, psychiatric treatment, and/or medication management
treatment as determined by the Pretrial Services Office.

Participate in a program of inpatient or outpatient substance abuse
testing, education, or treatment if deemed advisable by the Pretrial
Services Office and pay a percentage of the fee as determined by the
Pretrial Services Office.

Submit to any method of testing required by the Pretrial Services Office
or the supervising officer for determining whether the defendant is
using a prohibited substance. Such methods 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. Defendant must refrain from obstructing or
Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 4 of 7 PagelD 19

attempting to obstruct or tamper, in any fashion, with the efficiency and
accuracy of any prohibited substance testing.

Participate in the following location restriction program and comply
with its requirements as directed, which may include electronic
monitoring or location monitoring.

O Curfew: You are restricted to your residence every day as
follows. “Your residence” means the interior (i.e, within the
walls) of your house, condominium, or apartment.

Oo from to > or

O as directed by the Pretrial Services Office or the supervising
officer.

1 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 as pre-approved by the Pretrial Services Office. “Your
residence” means the interior (i.e., within the walls) of your house,
condominium, or apartment.

C1 Home Incarceration: You are restricted to 24-hour-a-day lock-
down at your residence except for medical necessities and court
appearances or other activities specifically approved by the court.
“Your residence” means the interior (i.e., within the walls) of your
house, condominium, or apartment. Visits to your attorney or to
the United States Attorney’s Office outside of your residence
require court approval.

O Stand-Alone Monitoring: You have no residential curfew,
home detention, or home incarceration restrictions. However, you
must comply with the location or travel restrictions as imposed by
the court. Stand-Alone Monitoring will require electronic

monitoring or location monitoring with global positioning system
(GPS) technology.

Submit to electronic monitoring or location monitoring and comply with
its requirements as directed. If Stand-Alone Monitoring is ordered,
the Pretrial Services Office must use a GPS tracking device.
Otherwise, the Pretrial Services Office must determine the use of
appropriate location monitoring technology (e.g., a land line, voice
recognition system, radio frequency system, cellular monitoring unit, or
GPS tracking device). Defendant must refrain from obstructing or

4
Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 5 of 7 PagelD 20

attempting to obstruct or tamper, in any fashion, with the efficiency and
accuracy of any electronic monitoring or location monitoring technology.
Defendant must pay all or part of the cost of the program based upon
Defendant’s ability to pay as determined by the Pretrial Services Office.

O Avoid and refrain from any unsupervised contact with minors,
including any verbal, written, telephonic, or electronic communication.

O Avoid and refrain from any contact, directly or indirectly, with any
person who is or may be a victim or witness in the investigation or
prosecution, including but not limited to:

O Avoid and refrain from any contact with any co-defendant(s).

O Refrain from visiting any commercial transportation establishments,
including but not limited to: airports; seaports; marinas; commercial
bus terminals; train stations; etc. Defendant may not obtain any
travel documents from any such establishments.

O Defendant must not have any computer or internet access. This
includes any cellular telephone, smart phone, tablet, gaming console, or
any other device that has or is capable of internet access.

O Other condition(s):

ADVICE OF PENALTIES AND SANCTIONS
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.

If you commit a federal felony offense while on release, the punishment
is an additional prison term of not more than ten years. For a federal
misdemeanor offense, the punishment is an additional prison term of not more
than one year. This sentence will be consecutive to (i.e., in addition to) any
other sentence you receive.
Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 6 of 7 PagelD 21

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;

@) 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.

Acknowledgments

I acknowledge that I am the defendant in this case, a surety, or a
custodian and that I am aware of the conditions of release. I, the defendant,
promise to obey all conditions of release, to appear as directed, and to
surrender to serve any sentence imposed. I — the defendant, surety, or
custodian — am aware of the penalties and sanctions set forth above. I swear
under penalty of perjury that the above information is true as it relates to me,
and I agree to the conditions set forth herein. I also state that I have either
read all of the conditions of release imposed on the defendant or they have been
explained to me.
Case 2:22-mj-01148-KCD Document 8 Filed 12/07/22 Page 7 of 7 PagelD 22

Surety (printed name) Surety (signature) Date
Surety / Custodian (printed name) Surety / Custodian (signature) Date
Surety / Custodian (printed name) Surety / Custodian (signature) Date

Directions to the United States Marshal

& The defendant is ORDERED released after processing.

O 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/or complied with all other conditions for release. If
still in custody, the defendant must be produced before the appropriate
judicial officer at the time and place specified.

Date: December 7, 2022 LEZ, A
le C. Hud
United States Magistrate Judge


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