Opinion
1:23-cr-00074-ADA-BAM
05-08-2023
UNITED STATES OF AMERICA, v. GEORGE THOMAS,
ORDER SETTING CONDITIONS OF RELEASE
BARBARA A. MCAULIFFE, U.S. MAGISTRATE JUDGE
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 1 the court may impose.
The defendant must appear at: U.S. DISTRICT COURT, 2500 Tulare Street, Fresno, California Place U.S. MAGISTRATE JUDGE Barbara A. McAuliffe in Courtroom 8 (unless another courtroom is designated) on JULY 12,2023, at 1:00 PM'
If blank, defendant will be notified of next appearance.
(5) The defendant must sign an Appearance and Compliance 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:
[] (6) The defendant is placed in the custody of:
Name of person or organization
who 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
[√] (7) The defendant must:
[√] (a) report to and comply with the rules and regulations of the Pretrial Services Agency;
[√] (b) report in person to the Pretrial Services Agency immediately following your release from custody;
[√] (c) reside at a location approved by the pretrial services officer and not change your address without the prior approval of the pretrial services officer;
[√] (d) cooperate in the collection of a DNA sample;' .
[√] (e) restrict your travel to the State of California for Court purposes only and the State of Missouri otherwise approved in advance by the pretrial services officer; '
[√] (f) surrender your passport to the Clerk, U.S. District Court, and you must not apply for obtain a passport or any other travel documents during the pendency of this case;
[√] (g) not possess, have in your residence, or have access to a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you must provide written proof of divestment of all firearms/ammunition currently under your control;
[√] (h) refrain from excessive use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you must notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana prescribed and/or recommended may not be used;
[√] (i) not associate or have any contact with any potential witnesses and/or co-defendants unless in the presence of counsel or otherwise approved in advance by the pretrial services officer; ‘
[√] (j) report any contact with law enforcement to our pretrial services officer within 24 hours;
[√] (k) not open any bank accounts, lines of credit, or credit card accounts unless approved in advance by Pretrial Services; and
USMS SPECIAL INSTRUCTIONS:
[√] (1) have your release on bond delayed until the posting of the full equity property bond, and the surrendering of your passport, at which time you must report immediately to the Pretrial Services office located at 2500 Tulare Street, in Fresno, California.
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT: GEORGE THOMAS
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. 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.
The defendant is ORDERED released after processing.