Opinion
Case No. 1:13-cr-00059 LJO SKO
02-22-2013
United States of America v. MIGUEL ANTONIO RUIZ JARAMILLO 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 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.
The defendant must appear at: United States District Court, 2500 Tulare Street, Fresno, CA 93721 Place before Magistrate Judge Sheila K. Oberto, Courtroom 7 on 4/1/20131:00 pm Date and Tone
If blank, defendant will be notified of next appearance. (5) The defendant must sign an Appearance Bond, if ordered.
ADDITIONAL CONDITIONS OF RELEASE
Upon finding that release by one of the above methods will not by itself reasonably assure the appearance of the defendant and the safety of other persons and the community, it is FURTHER ORDERED that the release of the defendant is subject to the conditions marked below:
() (7) The defendant is placed in the custody of:
Name of person or organizationwho agrees (a) to supervise the defendant in accordance with all conditions of release,
(b) to use every effort to assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears.
SIGNED: ____________________
CUSTODIAN OR PROXY
(X) (8) The defendant shall:
() (a) maintain or aetively seek employment, and provide proof thereof to the PSO, upon request,
() (b) maintain or commence an educational program.
(X) (c) abide by the following restrictions on his personal associations, place of abode, or travel:
Reside at a residence approved by the PSO. and not move or be absent from this residence for more than 24 hrs. without prior approval of PSO: travel restricted to the state of California unless otherwise approved in advance by PSO.
() (d) avoid all contact with the following named persons, who are considered either alleged victims or potential witnesses: unless in the presence of counsel or otherwise approved in advance by the PSO.
(X) (e) report on a regular basis to the following agency:
Pretrial Services and comply with their rules and regulations.
() (f) comply with the following curfew:
() (g) refrain from possessing a firearm, destructive device, or other dangerous weapon.
() (h) refrain from excessive use of alcohol, and any use or unlawful possession of a narcotie drug and other eontrolled substances defined in 21 USC §802 unless prescribed by a licensed medical practitioner. However, medical marijuana, prescribed or not, may not be used.
() (i) undergo medical or psychiatric treatment and or remain in an institution, as follows: Including treatment for drug/alcohol dependency, and pay for costs as approved by the PSO.
() (j) executed a bond or an agreement to forfeit upon failing to appear or failure to abide by any of the conditions of release, the following sum of money or designated property:
() (k) post with the court the following indieia or ownership of the above-described property, or the following amount or percentage of the above-deseribed money:
() (1) execute a bail bond with solvent sureties in the amount of $
() (m) return to custody each (week)day as of o'elock after being released each (week)day as of o'clock for employment, schooling, or the following limited purpose(s):
(X) (n) surrender any passport to the Clerk. United States District Court, within 48 hours of receipt.
(X) (o) obtain no substitute passport during the pendency of this case.
() (p) you shall submit to drug or alcohol testing as approved by the Pretrial Services Officer. You shall pay all or part of the costs of the testing services based upon your ability to pay, as determined by the Pretrial Services Officer.
() (q) report any prescriptions to the PSO within 48 hours of receipt.
(X) (r) report in person to the Pretrial Services Agency on Monday, February 25. 2013: Pretrial Services Officer Frank Guerrero, 510 19"1 St.. Rm 150. Bakersfield, CA. Ph. 661-321-3812.
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 convieted 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 5250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor - you will be fined not more than SI 00,000 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 reeeive. In 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 of release, 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
Bakersfield, CA
City and Stale
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.
____________________
Judicial Officer's Signature
Jennifer L. Thurston , U.S. Magistrate Judge
Printed name and title