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Full-text: April 1 2003
Protest zones: “No War for Oil” (October 24 2002)

AO199A (Rev. 3/87) Order Setting Conditions of Release

 

United States District Court for the District of South Carolina Columbia Division

Filed, APR –1 2003, Larry W. Propes, Clerk, Columbia S.C.

 




Criminal No. 3:03-309

 )
United States of America)
)
vs.)
)
Brett Bursey)
 )

Order Setting Conditions of Release

IT IS ORDERED that the release of the defendant is subject to the following conditions:

(1)  The defendant shall not commit any offense in violation of federal, state or local law while on release in this case.

(2)  The defendant shall immediately advise the court, defense counsel and the U.S. Attorney in writing of any change in address and telephone number.

(3)  The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. The defendant shall next appear at      United States Courthouse (as designated)      on      (When notified)     .

Release on Personal Recognizance or Unsecured Bond

IT IS FURTHER ORDERED that the defendant be released provided that:

   (4) The defendant promises to appear at all proceedings as required and to surrender for service of any sentence imposed.

   (5) The defendant executes an unsecured bond binding the defendant to pay the United States the sum of

  Ten thousand dollars & 00/100 --------- dollars ($   10,000   )

in the event of a failure to appear as required or to surrender as directed for service of any sentence imposed. {p.2}

AO199B (Rev. 8/97) Additional Conditions of Release

 

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  

 

Address  

 

City and State  

 

Tel. No.  

 

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 or Proxy

   (7) The defendant shall:

   (a)  maintain or actively seek employment.

   (b)  maintain or commence an educational program.

   (c)  abide by the following restrictions on his personal associations, place of abode, or travel:
Travel restricted to the State of South Carolina without prior permission of the Court through Pretrial Services.

   (d)  avoid all contact with the following named persons, who are considered either alleged victims or potential witnesses:
 

 

   (e)  report on a regular basis to the Pretrial Services Office.

   (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.

   (i)  refrain from any use or unlawful possession of a narcotic drug and other controlled substances defined in 21 U.S.C. § 802 unless prescribed by a licensed medical practitioner.

   (j)  undergo medical or psychiatric treatment and/or remain in an institution, as follows:
 

 

   (k)  execute a bond or an agreement to forfeit upon failing to appear as required, the following sum of money or designated property:
 

   (l) post with the court the following indicia of ownership of the above-described property, or the following amount or percentage of the above-described money:
 

   (m)  execute a bail bond with solvent sureties in the amount of
$  

   (n)  return to custody each (week)day as of ________ o’clock after being released each (week)day as of ________ o’clock for employment, schooling, or the following limited purpose(s):
 

   (o)  surrender any passport to:
 

   (p)  obtain no passport.

   (q)  submit to urine analysis testing upon demand of the supervising officer.

   (r)  participate in a program of inpatient or outpatient substance abuse therapy and counseling if deemed advisable by the supervising officer.

   (s)  submit to an electronic monitoring program with home confinement as directed by the supervising officer.

   (t  

 

 

{p.3}

A0199C (Rev. 3/87) Advice of Penalties...

 

Advice of Penalties and Sanctions

Violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for the defendant’s arrest, a revocation of release, an order of detention, as provided in 18 U.S.C. § 3148, and a prosecution for contempt as provided in 18 U.S.C. § 401 which could result in a possible term of imprisonment or a fine.

The commission of any offense while on pretrial release may result in an additional sentence upon conviction for such offense to a term of imprisonment of not less than two years nor more than ten years, if the offense is a felony; or a term of imprisonment of not less than ninety days nor more than one year, if the offense is a misdemeanor. This sentence shall be consecutive to any other sentence and must be imposed in addition to the sentence received for the offense itself.

18 U.S.C. § 1503 makes it a criminal offense punishable by up to five years of imprisonment and a $250,000 fine to intimidate or attempt to intimidate a witness, juror, or officer of the court; 18 U.S.C. § 1512 makes it a criminal offense punishable by up to five years of imprisonment and a $250,000 fine to obstruct a criminal investigation; 18 U.S.C. § 1512 makes it a criminal offense punishable by up to ten years in imprisonment and a $250,000 fine to tamper with a witness, victim or informant; and 18 U.S.C. § 1513 makes it a criminal offense punishable by up to ten years of imprisonment and a $250,000 fine to retaliate against a witness, victim or informant, or threaten or attempt to do so.

It is a criminal offense under 18 U.S.C. § 3146, if after having been released, the defendant knowingly fails to appear as required by the conditions of release, or to surrender for the service of sentence pursuant to a court order. If the defendant was released in connection with a charge of, or while awaiting sentence, surrender for the service of a sentence, or appeal or certiorari after conviction, for:

(1)  an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, the defendant shall be fined not more than $250,000 or imprisoned for not more than ten years, or both;

(2)  an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, the defendant shall be fined not more than $250,000 or imprisoned for not more than five years, or both;

(3)  any other felony, the defendant shall be fined $250,000 or imprisoned not more than two years, or both;

(4)  a misdemeanor, the defendant shall 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 shall be consecutive to the sentence of imprisonment for any other offense. In addition, a failure to appear may result in the forfeiture of any bail posted.

Acknowledgment of 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 to surrender for service of any sentence imposed. I am aware of the penalties and sanctions set forth above.

Signature: B.A. Bursey

{ Signature }

Signature of Defendant

 

Address POB 8325

 

City and State Lex SC 29202

 

Telephone 808 3384

 

Directions to United States Marshal

( X )  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 judicial officer that the defendant has posted bond and/or complied with all other conditions for release. The defendant shall be produced before the appropriate judicial officer at the time and place specified, if still in custody.

Signature: Bristow Marchant

 

Date:      April 1, 2003     

 

{ Signature }

Signature of Judicial Officer
Bristow Marchant
United States Magistrate Judge

cc: Defendant and Defendant’s Attorney
U.S. Attorney
U.S. Marshal Pretrial Services
Probation

 

Source: Photocopy of a duplicate original (the court’s file copy), scanned to pdf.

By CJHjr: Converted to text (OCR: FineReader 6.0), formatted (xhtml/css), links, text {in braces}.

This case: United States v. Brett A. Bursey (D.S.C., No. 3:03cr309 {175kb.html}, criminal information filed March 7 2003, jury trial denied June 4 2003, bench trial Nov. 12-13 2003, bench trial Nov. 12-13 2003, verdict Jan. 6 2004: guilty, $500 fine (Bristow Marchant, U.S. Magistrate Judge), district appeal docketed Jan. 13 2004, affirmed Sept. 14 2004 (Cameron McGowan Currie, U.S. District Judge), circuit appeal docketed Oct. 7 2004, affirmed July 25 2005 {64kb.pdf, 64kb.pdf}, rehearing denied Sept. 8 2005 (4th Cir., No. 04-4832), petition for certiorari docketed Dec. 14 2005, certiorari denied Jan. 17 2006 (U.S., No. 05-767).

Previous: Appearance Bond, $10,000, Brett Bursey (April 1 2003).

Next: Defendant’s {First} Motion for a Jury Trial (May 14 2003).

See alsoOther Secret Service protest zone cases” on the docket-sheet page. Brett Bursey

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.

CJHjr

Posted Dec. 20 2003. Updated Dec. 20 2003.

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