United States District Court, S.D. California
September 8, 2005.
UNITED STATES OF AMERICA, Plaintiff,
Rogelio Alejandio Amezcua-Lopez Defendant.
The opinion of the court was delivered by: JOE SCHMITT, Retired Magistrate Judge
ORDER AND CONDITIONS OF PRETRIAL RELEASE: BAIL
(18 U.S.C. § 3142(c))
A hearing was held to determine pretrial conditions of release
of the defendant pursuant to 18 U.S.C. § 3142. The Federal Judge
determined an unconditional release pursuant to
18 U.S.C. § 3142(b) is not sufficient to assure the appearance of the
defendant and the safety of the community. Thus, conditions of
pretrial release are necessary pursuant to 18 U.S.C. § 3142(c).
Good cause appearing,
IT IS ORDERED that the defendant shall be released subject to
the condition that the defendant: (a) not commit a federal,
state or local crime during the period of release, (b) make all
court appearances and (c) comply with the conditions itemized
below, as indicated by ([x]), in accordance with
18 U.S.C. § 3142(c)(2):
[x] 1. restrict travel to ? San Diego County, [x] Southern
District of California, ? Central District of California, ?
State of California, ? United States, ? do not enter Mexico, ?
[x] 2. report for supervision to Pretrial Services Agency (PSA)
as directed by the assigned PSO and pay for the reasonable costs
of supervision in an amount determined by PSA and approved by the
[x] 3. not possess or use any narcotic drug or controlled
substance, (defined in 21 U.S.C. § 802), without a lawful medical
[x] 4. not possess any firearm, dangerous weapon or destructive
device during the pendency of the case;
[x] 5. read, or have explained, and acknowledge understanding of
the Advice of Penalties and Sanctions Form;
[x] 6. provide a current residence address and phone number prior
to release and keep it current while case pending.
____ 7. be able to legally remain in the United States during
pendency of the proceedings;
____ 8. submit to treatment, and/or testing, as specified by
the PSO, for:
? drugs or alcohol, and/or ? psychiatric or
____ 9. participate in a Global Positioning System (GPS)
satellite monitoring program ? active ? passive, including,
release of defendant to PSA custody; and ? residence
restrictions and/or ? permissive travel for employment.
Defendant and sureties are responsible for GPS equipment loss or
? submit to supervision and custody of ____; and/or
? remain at a specified residence (curfew) between
the hours of ____ P.M. and ____ A.M. daily;
____ 10. actively seek and maintain full-time employment,
schooling, or combination of both;
____ 11. execute a personal appearance bond in the amount of
$____ secured by:
? a trust deed to the United States on real estate
approved by a Federal Judge;
? the co-signatures of ____ financially responsible
? Nebbia Hearing ? Exam of Sureties ? other:
[x] 12. provide the court with: [x] a cash bond and/or [x]
execute a bail bond by an approved solvent corporate surety in
the amount of $____ that covers ALL conditions of release (not
____ 13. 18 U.S.C. § 3142(d) hold until ____; if no detainer is
lodged by then, these conditions take effect.
____ 14. clear all warrants/FTA's within ____ days of release.
____ 15. all conditions previously set will remain the same.
____ 16. other conditions:_________________________________
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