Order Setting Conditions of Release — United States v. Dontrell Barnes (Dkt. 32)
Summary
Order Setting Conditions of Release (forms AO 199A, AO 199B and AO 199C) in United States v. Dontrell Barnes, Case No. 5:23CR00094-1, Eastern District of North Carolina, filed 05/24/23. It orders that the defendant not violate federal, state, or local law while on release, cooperate in the collection of a DNA sample if authorized, and appear in court as required. The additional-conditions pages list options such as supervision by the United States Probation Office, employment, passport, firearm and location monitoring conditions. The last page, titled Advice of Penalties and Sanctions, states that violating the conditions may result in a warrant for arrest, revocation of release, or an order of detention.
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“Order Setting Conditions of Release — United States v. Dontrell Barnes (Dkt. 32).”
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AO 199A (Rev. 06/ 19) Order Setting Conditions ofRelease Page I of 4 Pages
UNITED STATES DISTRICT COURT
for the FILED IN OPEN COURT
Eastern District of North Carolina ON :J\14)20 1.~CfnD
Peter A. Moore, .If.. Clllk
US District Court
United States of America ) Eastern District of NC
V. )
Dontrell Barnes ) Case No. 5:23CR00094-1
)
)
Defendant
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED that the defendant ' s release is subject to these conditions:
(I) The defendant must not violate federal , state, or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 34 U.S.C. § 40702.
(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making
any change of residence or telephone number.
(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that
the court may impose.
The defendant must appear at:
Place
on
Date and Time
If blank, defendant will be notified of next appearance.
(5) The defendant must sign an Appearance Bond, if ordered.
Case 5:23-cr-00094-D Document 32 Filed 05/24/23 Page 1 of 4
AO 199B (Rev. 12/20) Additional Conditions of Release Page~ of ~ Pages
ADDITIONAL CONDITIONS OF RELEASE
Pursuant to 18 U.S.C. § 3142(c)( l )(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 su bject to the conditions marked below:
( 0) (6)
The defendant is placed in the custody of:
Person or organization
Address (only if above is an organization)
City and state Tel. No.
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court
immediately if the defendant vio lates a condition of release or is no longer in the custodian's custody.
Signed: _ __ _ _ _ _ _ _ __ _ _ _ __
Custodian Date
( [8] ) (7) The defendant must:
([E])(a) submit to supervision by and report for supervision to the United States Probation Office as directed.
telephone number _ __ _ _ _ _ , no later than
(□) (b) continue or actively seek employment.
(0) (c) continue or start an education program.
(0) (d) surrender any passport to:
( 0) (e) not obtain a passport or other international travel document.
( ~ (t) abide by the · · · association, residen
(Q1{g) a e a victim or wi~s in the i estigation or prosecution,
in ~~
( 0 ) (h) get medical or psychiatric treatment:
( 0 ) (i) return to custody each - - - - - at - - - - o'clock after being released at - -- -- o ' clock for employment, schooling,
or the following purposes:
( 0 ) G) maintain residence at a halfway house or community corrections center, as the pretrial serv ices office or supervising officer considers
necessary.
( [8] ) (k) not possess a firearm, destructive device, or other weapon.
(□ ) (I) not use alcohol ( 0 ) at all ( 0 ) excessively .
( 0 ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 2 1 U.S.C. § 802, unless prescribed by a licensed
medical practitioner.
( 0) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with
random frequency and may 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 not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy
of prohibited substance screening or testing.
( 0) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or
supervising officer.
( □ ) (p) participate in one of the following location restriction programs and comply with its requirements as directed.
( 0 ) (i) Curfew. You are restricted to your residence every day ( 0 ) from _ _ _ _ _ to _ _ _ _ , or ( 0 ) as
directed by the pretrial services office or supervising officer; or
( 0 ) (ii) Home Detention . You are restricted to your residence at all times except for employment; education; religious services;
medical, substance abuse, or mental hea lth treatment; attorney visits; court appearances; court-ordered obligations; or other
activities approved in advance by the pretrial services office or supervising officer; or
( 0 ) (iii) 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; or
( 0) (iv) Stand Alon e Monitorin g. You have no residenti al curfew, home detention, or home incarceration restrictions. However,
you must comply with the location or travel restrictions as imposed by the cou rt.
ote: Stand Alone Monitoring should be used in conjunction with global positioning system (GPS) technology.
Case 5:23-cr-00094-D Document 32 Filed 05/24/23 Page 2 of 4
AO 199B (Rev. 12/20) Additional Conditions of Release Page _3_ of ~ Pages
ADDITIONAL CONDITIONS OF RELEASE
( 0 ) (q) submit to the fo llowing location monitoring technology and comply with its requirements as directed :
(0 ) (i) Location monitoring technology as directed by the pretrial services or supervising officer; or
(0 ) (ii) Voice Recognition; or
(0 ) (iii) Radio Frequency; or
(0 ) (iv) GPS.
( 0 ) (r) 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.
( ~ ) (s) report as soon as possib le, to the pretrial services or supervising officer, every contact with law enforcement personnel, including arrests,
questioning, or traffic stops.
( 0 ) (t) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Case 5:23-cr-00094-D Document 32 Filed 05/24/23 Page 3 of 4
AO 199C (Rev . in ED/NC on 6/ 11/1 4) Advice of Penalties Page 4 of 4 Pages
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT:
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. ln
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of the 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
ofrelease, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above.
Defendant 's Signature
Ra ~i.rl,, City and State
Directions to the United States Marshal
( ✓ ) The defendant is ORDERED released after processing.
( ) 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: - - - -5/24/2023
- -- - - - -
Judicial Offi cer 's Signature
Robert T. Numbers, II, U.S. Magistrate Judge
Printed name and title
DISTRIBUTION : COURT DEFEN DANT PROBATION OFFICE U.S. ATTORNEY U.S. MARSHAL
Case 5:23-cr-00094-D Document 32 Filed 05/24/23 Page 4 of 4
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