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Home Source documents Order Setting Conditions of Release — No. 1:21-cr-10048 (Dkt. 10, C.D. Ill.)

Order Setting Conditions of Release — No. 1:21-cr-10048 (Dkt. 10, C.D. Ill.)

Summary

An Order Setting Conditions of Release in the criminal case numbered 1:21-CR-10048, in the U.S. District Court for the Central District of Illinois, Peoria Division, signed January 24, 2022 by Magistrate Judge Jonathan E. Hawley. It sets the statutory conditions, including no violation of law, cooperation in DNA collection, notice of address changes, appearance in court and signing an appearance bond. The marked additional conditions place the defendant in the custody of a third-party custodian, require supervision by the U.S. Probation Office, continued or active search for employment, and a curfew from 7:00 PM to 6:00 AM. The order ends with directions to the United States Marshal.

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“Order Setting Conditions of Release — No. 1:21-cr-10048 (Dkt. 10, C.D. Ill.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-setting-conditions-of-release-no-1-21-cr-10048-dkt-10-c-d-ill-eb6d4ebb86/, SHA-256 c403d1eb1c8665add0c9220166384209a30f24f4e0a5eed60518c158d515bbe3.

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5 E-FILED
: UNITED STATES DISTRICT CO sepesday, 26 January, 2022 09:43:18 AM

CENTRAL DISTRICT OF ILLINOIS Flt En rt, ILCD

PEORIA DIVISION
JAN 92 ;
UNITED STATES OF AMERICA, 24 2022
u CLERK OF COURT
. -S. DISTRICT

Plaintiff, CENTRAL DISTRICT OF ILLINOIS
Vv. Case No: 1:21-CR-10048

Defendant.

ORDER SETTING CONDITIONS OF RELEASE
Statutory Conditions of Release
IT IS ORDERED that the defendant's release is subject to these conditions:

(1) 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 42 U.S.C. §
14135a.

(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.

(5) The defendant must sign an Appearance Bond.

Page 1 of 6
Additional Conditions of Release

IT Is FURTHER ORDERED that the defendant’s release is subject to the additional conditions marked
below:

(6) The defendant in placed in the custody of CARLOS TERRELL, 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 violates a condition of release or is no longer in the

custodian’s custody.
s/Tyrone C. Terrell Jr.

Signed: y — — Date: Ypn2e, 27.
Efstodian f

XI (7) The defendant must:
XX (a) submit to supervision by and report for supervision to the U.S. Probation Office for the
Central District of Illinois as directed by the supervising officer.
X] (b) continue or actively seek employment.
LJ (c) continue or start an education program.
C} (d) surrender any passport to the U.S. Clerk’s Office for the Central District of Illinois or as
directed.
C) (e) not obtain a passport or other international travel document.
LI (f) abide by the following restrictions on personal association, residence, or travel:
LI (i) reside at the residence of the third-party custodian.
LJ (ii) not travel outside the geographical boundaries of the judicial district for the
Central District of Illinois without prior permission from the Court.
LI (iii) Click or tap here to enter text..
LI (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or
witness in the investigation or prosecution, including: Click or tap here to enter text..
L] (h) get medical or psychiatric treatment Click or tap here to enter text..
[] (i) return to custody each Click or tap here to enter text. at Click or tap here to enter text.
o'clock after being released at Click or tap here to enter text. o’clock for employment,
schooling, or the following purposes: Click or tap here to enter text..
C] (j) maintain residence at a halfway house or community corrections center.
L] (k) not possess a firearm, destructive device, or other weapon.
CZ) (1) not use alcohol (CJ) at all (C4), excessively as defined as having a blood alcohol level in
excess of 0.08.
L] (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in
21 US.C. § 802, unless prescribed by a licensed medical practitioner where the defendant
provides the supervising officer in advance with the following information: (i) the drug and
dosage prescribed and (ii) the prescribing medical professional.
L] (n) submit to testing for a prohibited substance. 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

Page 2 of 6
' substance screening or testing.
CL] (0) participate in a program of (CL) inpatient and/or (CL) outpatient substance abuse
therapy and counseling.
LI (i) reside at the inpatient substance abuse facility and not leave that facility without
the permission of the Court.
L] (ii) abide by all the rules, policies, and procedures of the inpatient substance abuse
facility.
L] (iii) successfully complete the inpatient substance abuse treatment.
LI (iv) voluntarily surrender into the custody of the U.S. Marshal upon discharge from
inpatient treatment, whether successful or unsuccessful, as directed by the supervising
officer, unless otherwise ordered by the Court after a hearing on a motion to modify
conditions of bond.
CL] (v) proceed directly upon release to the inpatient substance abuse treatment facility
in the manner and means directed by the supervising officer.
XI (p) participate in one of the following location restriction programs and comply with its
requirements as directed:
XI (i) Curfew. You are restricted to your residence every day (XI) from 7:00 PM to 6:00
AM; or
LI] (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; no more than a
total of four hours in a calendar week for other activities approved in advance by the
supervising officer; or other activities approved in advance by the Court; or
L (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.
(q) submit to location monitoring, comply with all of the program requirements and
instructions provided, proceed immediately upon release directly to the location selected for
electronic monitoring in the manner and means as directed by the pretrial services officer, and
remain at that location until the electronic monitoring equipment can be installed.
(r) report as soon as possible, to the pretrial services office or supervising officer, every
contact with law enforcement personnel, including arrests, questioning, or traffic stops.
C] (s) comply with all previously imposed conditions of supervised release in this case, which
are hereby incorporated as conditions of pretrial release.
(t) comply with all orders of protection entered restraining the defendant and/or
previously imposed conditions of probation, parole, pre-trial release, or other court-imposed
conditions, regardless of what court or agency imposed said conditions.
C1 (u) inform any current or future employer, or entity which engages the defendant as an
independent contractor, agent, or representative, of the charge or allegation pending in this
case by providing such person or entity with a copy of the charging document (Information,
Complaint, Indictment, or Petition), and shall allow the supervising officer to either verify that
said notification was made or make such notification him/herself if the defendant did not
make such notification.
LI (v) not open any lines of credit or take out any loans without the prior permission of the
Court.

Page 3 of 6
CL] (w) not dissipate any assets without the prior permission of the Court, as defined by
liquidating or transferring any real or personal property or transferring or withdrawing any
money from accounts held by the defendant unless done so as a bona fide purchase in good
faith for goods or services provided at a fair market value.

Ll (x) permit the supervising officer to make unannounced inspections of the defendant's
residence or place of residence for the purpose of ensuring compliance with the conditions of
pretrial release, as well as permit the supervising officer to seize any material discovered
during the course of the inspection which the supervising officer believes to be contraband,
evidence of a violation of the conditions of pretrial release, or otherwise prohibited from being
possessed by the defendant under the conditions of pretrial release.

LJ (y) not have physical access to, possess, access, or use, any devices capable of connecting to
the Internet; and not access the Internet through any means either directly or indirectly.

L] (z) not knowingly have contact with any person under the age of 18 unless any such
contact is approved in advance by the Court, with any such approval including supervision of
said contact by a responsible adult who has also been approved in advance by the Court as
someone suitable to supervise the contact.

LJ (aa) sign the Advice of Penalties and Sanctions and Appearance/ Personal Recognizance
Bond and return it to the Court as directed by the supervising officer;

LI (aa) sign any releases and/or agreements required by the pretrial services officer which the
supervising officer believes necessary to ensure compliance with any of the foregoing
conditions of release;

C1 (bb) Other: Click or tap here to enter text.

Page 4 of 6
Advice of Penalties and Sanctions and Appearance/Personal Recognizance Bond
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTJES 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 and Agreement 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 of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the
penalties and sanctions set forth above.

I agree to follow every order of this court, or any court that considers this case, and I further agree that this bond
may be forfeited if I fail to (1) appear for court proceedings; (2) if convicted, to surrender to serve a sentence that the court
may impose; or (3) to comply with all conditions set forth in the Order Setting Conditions of Release.

Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied when
either: (1) the defendant is found not guilty on all charges, or (2)Ah¢ defendant reports to serve sentence.

1, the defendant declare under penalty pt pbrjury by y j infyypration is true. (See 28 U.S.C. § 1746).

CLERK OF THE COURT:
s/F. Smith
Date: \\ ay | ook Signed: — we ~
Deputy Clerk’s Signature

s/Jonathan E. Hawley

Approved.
Date 1/24/22:

Signature of U.S. Magistrate Judge - Hawley

Page 5 of 6
Directions to the United States Marshal

(1) The defendant is ORDERED released after processing.

(C4) The defendant is ORDERED released on December 15, 2021 at 9:00 AM.

(C1) 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.

(L4) The defendant is ORDERED released upon notification by the supervising officer, the Clerk of
the Court, or the appropriate judge that a placement for residential substance abuse treatment is
available, and at the time and under the conditions specified in not Who

s/Jonathan E. Hawley

U.S. Magistrate Judge

Date: January 24, 2022 Signed:

Page 6 of 6


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