Opinion
1:22-CR-00143-DAD BAM-02
06-22-2022
UNITED STATES OF AMERICA, v. Francisco Javier Tovar Troncoso
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, California Place on Date and Time
July 13,2022, at 10:00 am before Magistrate Judge Erica P. Grosjean
If blank, defendant will be notified of next appearance.
(5) The defendant must sign an Appearance and Compliance Bond, if ordered.
Defendant's release is delayed until the first working day at 9:00 am after the posting of the bonds. Defendant is to be released to the third-party custodian, Jessy Gutierrez.
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 Jessy Gutierrez
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.
[√] (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 in-person to the Pretrial Services Agency
[√] (c) reside at a location approved by the pretrial services officer, and not move or absent yourself from this residence without prior approval of PSO;
[√] (d) report any contact with law enforcement to your PSO within 24 hours;
[√] (e) cooperate in the collection of a DNA sample;
[√] (f) travel restricted to Eastern District of California, unless otherwise approved in advance by pretrial services officer;
[√] (g) not associate or have any contact with any co-defendants, unless in the presence of counsel or otherwise approved in advance by the pretrial services officer;
[√] (h) 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;
[√] (i) refrain from the 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, medical marijuana, prescribed and/or recommended, may not be used;
[√] (j) 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;
[√] (k) 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;
[√] (1) participate in the following Location Monitoring program component and abide by all the requirements of the program, which will include having a location monitoring unit installed in your residence and a radio frequency transmitter device attached to your person. You must comply with all instructions for the use and operation of said devices as given to you by the Pretrial Services Agency and employees of the monitoring company. You must pay all or part of the costs of the program based upon your ability to pay as determinedly the pretrial services officer. CURFEW: You must remain inside your residence every day from 9:00 p.m. to 6:00 a.m., or as adjusted by the Pretrial Services office or supervising officer, for medical, religious services, employment, or court-ordered obligations. If work hours change you must notify pretrial services immediately;
[√] (m) not apply for or obtain a passport or any other traveling documents during the pendency of this case;
[√] (n) no execute 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: A $11,000 bond ($6,000 to be secured by the clear title of his girlfriend's vehicle and S5,000 to be unsecured and co-signed by Jessy Gutierrez);
[√] (0) participate in the Better Choices Court program and comply with all the rules and regulations of the program. You must remain in the program until released by a pretrial services officer. In accordance with this condition, you must appear telephonically before United States Magistrate Judge Erica P. Grosjean, on July 13,2022, at 10:00 a.m., and,
USMS SPECIAL INSTRUCTIONS:
[√] (p) have your release on bond delayed until the posting of your bond. At which time, you will be released the following business day at 9:00 a.m. to your third party custodian and you must report directly to the Pretrial Services office for the installation of the location monitoring equipment.