Order of Release - United States v. Julio Enrique Lugo (Document 10, April 5, 2021)

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An Order of Release in United States v. Julio Enrique Lugo, Case No. 8:21-mj-1294-AAS, in the United States District Court for the Middle District of Florida, Tampa Division, Document 10, filed April 5, 2021. The order directs the United States Marshal to release the defendant upon a written agreement to comply with the attached conditions of release. The conditions require the defendant to appear as noticed, not to leave the Middle District of Florida without the court's permission, not to change address without notifying the Clerk of Court in writing, and not to commit a crime or possess illegal controlled substances. The attached pages advise of penalties for offenses committed while released and list a notice about travel requests.

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Case 8:21-mj-01294-AAS Document10_ Filed 04/05/21 Page 1 of 4 PagelD 46

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
V. CASE No. 8:21-mj-1294-AAS

JULIO ENRIQUE LUGO

ORDER OF RELEASE

It is hereby ORDERED:

1. That the conditions of release are hereby established as set forth below,

2. ‘That the United States Marshal is hereby directed to release the above-
named defendant upon his agreement, in writing. to comply with the following conditions
of release.

DONE and ORDERED at Tampa. Florida. this day of April 1, 2021.

UNITED STATES MAGISTRATE JUDGE
Case 8:21-mj-01294-AAS Document10_ Filed 04/05/21 Page 2 of 4 PagelD 47

CONDITIONS OF RELEASE

1. The defendant must appear before court in accordance with all notices.

2. The defendant must not. at any time. for any reason whatsoever, leave the
Middle District of Florida without first obtaining the permission of the court.

3. The defendant must not change his present address without first notifying
the Clerk of Court in writing.

4, The defendant shall not commit a federal, state or local crime during the
period of his release. The defendant shall not possess any illegal controlled substances. The
defendant shall inform the Pretrial Services Agency immediately if arrested or otherwise
charged with any offense. The defendant is specifically advised that federal law prohibits
conduct relating to intimidation of witnesses, jurors and officers of the Court (18 U.S.C.
1503); conduct relating to obstruction of criminal investigations (18 U.S.C. 1510); conduct
involving tampcring with witnesses. victims or informants (18 U.S.C. 1512); and conduct
involving retaliation against a witness, victim or informant (18 U.S.C. 1513), as well as
attempts to commit any of the foregoing acts.

5S. SPECIAL CONDITIONS:

(a) The defendant shall report to the United States Pretrial
Services Office by telephone (813/225-7648 or 1/800/676-
0125) every Thursday by 4:00 P.M.

(b) The defendant shall surrender his passport to Pretrial
Services.

(c) The defendant shall provide a DNA specimen on the
request of law enforcement.

6. A violation of any of the above conditions may result in the immediate
issuance of a warrant for the defendant's arrest.

Further, upon arrest, the defendant may be detained in jail without the setting
of new conditions of release or, ifnew conditions of release are established, those conditions
will, in all likelihood. be significantly greater than the conditions previously established.

Moreover, a person who violates his conditions of release may be prosecuted
for contempt of Court.

7. A defendant commits a separate offense against the laws of the United
States if, after having been released under these conditions of release, she knowingly fails to
appear before a Court as required by the conditions of release, or knowingly fails to surrender
Case 8:21-mj-01294-AAS Documenti10 Filed 04/05/21 Page 3 of 4 PagelD 48

for service of a sentence pursuant to a court order. Ifa person fails to appear in connection
with --

(a) an offense punishable by death, life imprisonment or
imprisonment for a term of 15 years or more, the penalties for
failure to appear are a $250,000 fine, or imprisonment for not
morc than 10 years, or both;

(b) an offense punishable by imprisonment for a term of
five or more years, but less than 15 years, the penalties for
failure to appear are a fine of not more than $250,000, or
imprisonment for not more than five years, or both;

(c) any other felony. the penalties for failure to appear are a
$250.000 fine. or imprisonment for not more than two years,
or both;

(d) a misdemeanor, the penalties for failure to appear are a
$100,000 fine (if the offense occurred after November 1,
1987), or a $25,000 fine (if the offense occurred before
November 1, 1987), or imprisonment for not more than one
year, or both.

At the present time, the charge in this case involves penalties which equal or
exceed the penalty set forth in subparagraph (a), and therefore, the penalties for failure to
appear are those conditions in that subparagraph.

Any term of imprisonment imposed for failure to appear is required by law
to be consecutive to the sentence of imprisonment for any other offense.

Furthermore. federal law provides that a person convicted of an offense
which is committed while the defendant is released under these conditions of release shall
be sentenced, in addition to the sentence prescribed for the offense, to a term of
imprisonment of not more than 10 years if the offense is a felony; or a term of not more than
one year, if the offense is a misdemeanor. Any term of imprisonment imposed pursuant to
this provision of law is to be consecutive to any other term of imprisonment.

I acknowledge that I have read the above or that the above has been read to
me and that I fully understand the conditions of my release and the possible penalties for the
violation of any of those conditions.

I further acknowledge that I have been given a copy of this instrument.

Signed at Tampa, Florida, this day of April, 2021.
Case 8:21-mj-01294-AAS Documenti0 _ Filed 04/05/21 Page 4 of 4 PagelD 49

1. 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, Madison,
Marion, Manatee, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Sarasota, St.
Johns, Seminole, Sumter. Suwannee. Union and Volusia.

2. The telephone numbers and mailing address for the Clerk of the United
States District Court for the Middle District of Florida, Tampa Division, are: 813/301-
5400; and 801 North Florida Avenuc, Second Floor, United States Courthouse, Tampa, FL
33602.

3. The telephone number of the United States Marshal's Office for the
Middle District of Florida, Tampa Division, is: 813/274-6401.

4. The telephone number and mailing address of the United States Attorney
for the Middle District of Florida, Tampa Division, are: 813/274-6000; and 400 Tampa
Street, Suite 3200, Tampa. FL 33602.

5. The telephone number and address of the United States Pretrial Services
Agency, Tampa Division, are: 500 Zack Strect. Room 301, Tampa. FL 33602; and
813/225-7648 (or 1/800/676-0125).

6. NOTICE TO COUNSEL AND DEFENDANT: In cases assigned to
United States Magistrate Judge Thomas G. Wilson, any requests to travel outside the area
set forth in this document must be submitted in a written motion with a proposed order
at least three (3) days prior to the date upon which travel is expected to begin. Failure to
comply with this requirement will result in automatic denial of the request unless a showing
is made that an actual emergency situation exists, such as serious illness in the family.


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