Opinion
6:23-mj-00001-HBK
01-06-2023
United States of America v. Marigrace French Rathcke Defendant
ORDER SETTING CONDITIONS OF RELEASE
Helena M. Barch-Kuchta, 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 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: U.S. DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA Place
Yosemite, CA before Magistrate Judge Helena Barch-Kuchta ___ on ___ Date and Time ___
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:
[ ] (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 on a regular basis to the following agency:
Pretrial Services and comply with their rules and regulations;
[√] (b) report as directed to the Pretrial Services Agency on the first working day following your release from custody;
[√] (c) cooperate in the collection of a DNA sample;
[√] (d) restrict your travel to the Eastern District of California unless otherwise approved in advance by the pretrial services officer;
[√] (e) surrender your passport to the Clerk, U.S. District Court, and you must not apply for or obtain a passport or any other travel documents during the pendency of this case;
[√] (f) 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;
[√] (g) report any prescriptions provided by a licensed medical practitioner to the pretrial services officer within 48 hours of receipt;
[√] (h) report any contact with iaw enforcement to your pretrial services officer within 24 hours;
[√] (i) abstain from the 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 or not, may not be used;
[√] (j) submit to drug and/or alcohol testing as approved by the pretrial services officer. You must pay all or part of the costs of the testing services based upon your ability to pay, as determined by the pretrial services officer;
[√] (k) participate in the substance abuse treatment program at WestCare inpatient facility, and comply with all the rules and regulations of the program. You must remain at the inpatient facility until released by the pretrial services officer. A responsible party, approved by Pretrial Services, must escort you to all required court hearings and escort you back to the inpatient facility upon completion of the hearing;
[√] (l) upon successful completion of WestCare, reside at an address approved by Pretrial Services and you must not change your residence or absent yourself from this residence for more than 24 hours without the prior approval of the pretrial services officer;
[√] (m) upon successful completion of WestCare, participate in a program of medical or psychiatric treatment, including treatment for drug or alcohol dependency, as approved by the pretrial services officer. You must pay all or part of the costs of the counseling services based upon your ability to pay, as determined by the pretrial services officer;
[√] (n) upon your release from custody, you must report to the United States Marshal Service office in Fresno, California, for processing; and, USMS SPECIAL INSTRUCTIONS:
[√] (o) Your bond will be delayed until Monday, January 9,2023, at 9:00 am, which time, a representative from the Federal Defender's Office will transport you from the Mariposa County Jail directly to WestCare inpatient facility in Fresno, California.
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 (or 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, anti 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.
Directions to the United States Marshal
([X]) The defendant is ORDERED released on Monday January 9, 2023 at 9:00 AM to a representative of the Federal Defender's Office for transport to the WestCare inpatient facility.