Petition for Writ of Certiorari — Jason Bonds, Petitioner v. United States

Supreme Court briefMar 5, 2020

Ask Donna

What actually matters in this document.

Text

No. ________

_______________________________________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER 2019 TERM

_______________________________________________________________

JASON BONDS

Petitioner

UNITED STATES OF AMERICA,

Respondent

_______________________________________________________________

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

_______________________________________________________________

APPENDIX A—Court of Appeals Opinion (Dec. 6, 2019)

_______________________________________________________________

Case 18-3018, Document 45-1, 12/06/2019, 2722997, Page1 of 2

18-3018

United States v. Bonds

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER

FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE

PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT

FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC

DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST

SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held

at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New

York, on the 6th day of December, two thousand nineteen.

PRESENT:

ROBERT A. KATZMANN,

Chief Judge,

GUIDO CALABRESI,

RAYMOND J. LOHIER, JR.,

Circuit Judges.

UNITED STATES OF AMERICA,

Appellee,

No. 18-3018

JASON BONDS,

Defendant-Appellant.

For Defendant-Appellant Jason Bonds:

Steven L. Barth, Barclay T. Johnson, Assistant

Federal Public Defenders, for Michael L.

Desautels, Federal Public Defender, District of

Vermont, Burlington, Vermont.

For Appellee the United States of America:

Barbara A. Masterson, Gregory L. Waples,

Assistant United States Attorneys, for Christina E.

Nolan, United States Attorney for the District of

Vermont, Burlington, Vermont.

App01

Case 18-3018, Document 45-1, 12/06/2019, 2722997, Page2 of 2

Appeal from a judgment of the United States District Court for the District of Vermont

(Sessions, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND

DECREED that the judgment of the district court is AFFIRMED.

Defendant-Appellant Jason Bonds appeals his October 2, 2018 sentence upon conviction

after his plea of guilty to one count of possession of child pornography in violation of 18 U.S.C.

§ 2252(a)(4)(B). The district court sentenced Bonds to 45 months of imprisonment, to be followed

by a five-year term of supervised release. Bonds challenges only one aspect of that sentence: a

special condition of supervised release requiring that he submit to polygraph examinations at the

direction of a probation officer. Because any refusal to do so could result in a revocation of

supervised release and a return to prison, Bonds argues that the polygraph requirement violates his

Fifth Amendment right against self-incrimination.

Bonds states that he has filed this appeal to preserve the issue for further review; citing our

decisions in United States v. Johnson, 446 F.3d 272 (2d Cir. 2006), and United States v. Boles, 914

F.3d 95 (2d Cir. 2019), he concedes that binding circuit precedent forecloses his challenge. We

agree. In the absence of any intervening Supreme Court decisions casting doubt on our prior

rulings, see Doscher v. Sea Port Grp. Secs., LLC, 832 F.3d 372, 378 (2d Cir. 2016), we are bound

to apply Boles and the cases preceding it, even over the objection that they were “wrongly

decided,” Kremer v. Chemical Constr. Corp., 623 F.2d 786, 788 (2d Cir. 1980). Bonds raises such

an objection, but concedes that Boles controls our decision nonetheless. As we find no other basis

for reversal, we AFFIRM the judgment of the district court.

FOR THE COURT:

Catherine O’Hagan Wolfe, Clerk

App02

No. ________

_______________________________________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER 2019 TERM

_______________________________________________________________

JASON BONDS,

Petitioner

UNITED STATES OF AMERICA,

Respondent

_______________________________________________________________

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

_______________________________________________________________

APPENDIX B—District Court Decision

(sentencing transcript excerpts Oct. 1, 2018)

_______________________________________________________________

UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF VERMONT

UNITED STATES OF AMERICA *

JASON BONDS

Case No:

2:17-cr-40-1

SENTENCING

OCTOBER 1, 2018

BURLINGTON, VERMONT

BEFORE:

THE HONORABLE WILLIAM K. SESSIONS III

District Judge

APPEARANCES:

Barbara A. Masterson, Esq., Assistant United States

Attorney, P.O. Box 570, Burlington, VT 05402-0570; Attorney

for the Plaintiff.

Steven L. Barth, Esq., Office of the Federal Public

Defender, 126 College Street, Burlington, VT 05401; Attorney

for the Defendant.

Court Reporter:

JoAnn Q. Carson, RMR, CRR

CAPITOL COURT REPORTERS, INC.

P.O. BOX 329

BURLINGTON, VERMONT 05402-0329

(802/800) 863-6067

E-MAIL: Info@capitolcourtreporters.com

App03

that there should be a carveout for the two sons.

change that condition to reflect that carveout.

thing is the polygraph.

MR. BARTH:

Yes.

So I will

So the final

So we feel -- I won't belabor the

point because the 2nd Circuit has ruled against me in the

Johnson case.

THE COURT:

Right.

You have raised a 10th Circuit

case which suggests that a coerced polygraph may violate the

right against self-incrimination.

Supreme Court case.

place in 2016 when the 2nd Circuit decided Johnson which said

polygraph tests were permissible.

Circuit Johnson decision when I'm in the 2nd Circuit?

MR. BARTH:

It's relying upon a 1984

Well the 1984 Supreme Court case was in

How do I not follow the 2nd

One, I think the 10th Circuit got it

right in the Minnesota case -- the Supreme Court case against

Minnesota v. Murphy was right on point.

situation where it is a coercive situation where you're forced

to make a Hobson's choice that would be a problem, and the -- I

think it's the Meacham or Ackerman case upon which Johnson

relies seemingly ignores the Murphy case.

They said look in a

My answer to your specific question how do you ignore it,

I don't know that you ignore it, but you are under absolutely

no obligation to impose this condition just because the 2nd

Circuit has indicated that it is in some circumstances okay or

doesn't violate the law.

There are many conditions that don't

Capitol Court Reporters, Inc. (800/802) 863-6067

App04

-- that might not violate the law that the court might choose

is not appropriate in a particular case.

violate the law, but certainly the court in the 2nd Circuit

disagreed with my position several years ago, but the court is

under no obligation to put Mr. Bonds in that sort of Hobson's

choice where he has to choose between a particular set of

evils, and so we would ask the court to consider that and

exercise its discretion and cut the condition.

asking that the entire condition be cut.

offender -- rehabilitative sex offender treatment is

appropriate.

polygraph exam, which are notoriously inconsistent, that he

could be imprisoned for that.

THE COURT:

Here I think it does

We're not

That is I think an

I just don't like that if he refuses to do a

All right.

Okay.

Does your client wish

to address the court before I get the government's response?

MR. BARTH:

comments.

letter.

Yes.

I think he wishes to make a few

Of course I think the court probably has read his

THE COURT:

Yes.

THE DEFENDANT:

All right, Mr. Bonds.

Your Honor, I have certainly had

quite some time to think about everything that has occurred by

my grotesque decision making and this is something that, you

know, I've been living with as I've been pretty much

segregating myself in my cell and I would -- apology is just

not enough.

It's just not enough words, not enough even of a

Capitol Court Reporters, Inc. (800/802) 863-6067

App05

THE COURT:

Okay.

All right.

MR. BARTH:

No, Your Honor.

Want to respond, Mr.

Barth?

We stand by the

arguments we've previously made unless the court has any other

questions for counsel.

THE COURT:

I don't.

Okay.

Would you stand please?

I have reviewed the presentence report.

sentencing memoranda, both the government and the defense.

Again there's a binding plea agreement in this case and I've

indicated that the court will accept the binding plea

agreement.

sentence be between 36 and 48 months -- including the 36 or the

48.

ordered.

Reviewed the

The binding plea agreement requires that the

The court has discretion in regard to other matters to be

In regard to the conditions let me just address those at

this point.

The third party risk condition that was objected

to by the defendant I really like the language that the

probation officer came up with in response to the objection in

the presentence report and I'll adopt that language.

that the requirement that a person participate in polygraph

tests is fundamental to addressing issues regarding sexual

offenses.

other kinds of cases.

seems to me, that polygraphs be used to enforce the requirement

that a defendant not participate in any further abuses of the

I feel

This is not like conditions that are imposed in

It is extraordinarily important, it

Capitol Court Reporters, Inc. (800/802) 863-6067

App06

computer systems, and that this is a fundamental condition to

assure that there won't be a continuing offense of possession

of child pornography or viewing of child pornography.

the 2nd Circuit decides otherwise, it seems to me that is a

condition which is needed and the court will impose that

condition.

modified to carve out the defendant's two sons.

The association with minors condition will be

You know as I think about this I think the defense also

raised an objection to the employment notification.

at the employment notification.

only to the use of computers.

particular offense.

objection to that.

So until

MR. BARTH:

I looked

The employment notification is

It's not to talk about this

I don't know if the defense still has an

I do, Your Honor.

I appreciate that.

Yes I did raise the employment notification and again that fits

squarely within our objection to the third party risk.

not object to the same language employed in the third party

risk condition being added to the employment condition.

think that would go a long way as I've already said.

THE COURT:

I would

But in the employment condition it seems

to me that it's not as serious a notification.

It's, after

all, just I'm on probation and I -- or I'm on supervised

release and I have restrictions on the use of computers.

That's it.

which the person is on supervision and it seems to me that it's

There's nothing about the nature of the offense for

Capitol Court Reporters, Inc. (800/802) 863-6067

App07

within -- to within the range that the parties have agreed to

is appropriate.

It is the sentence of the court the defendant be committed

to the custody of the Federal Bureau of Prisons for 45 months

to be followed by a five-year term of supervised release.

Conditions of supervised release are as follows.

commit another federal, state, or local crime.

lawfully possess a controlled substance.

any unlawful use of a controlled substance.

one drug test within 15 days of release from imprisonment or

placement on probation, and at least two periodic drug tests

thereafter as determined by the court.

You must not

You must refrain from

You must submit to

You must cooperate in the collection of DNA as directed by

the probation officer.

You must comply with the requirements

of the Sex Offender Registration and Notification Act as

directed by the probation officer, the Bureau of Prisons, and

any state sex offender registration agency in the location

where you reside, work, are a student, or were convicted of a

qualifying offense.

program of sex offender evaluation and treatment which may

include polygraph examinations as directed by the probation

officer.

scheduled is a violation of the conditions of supervision.

must be required to pay the costs of treatment as directed by

the probation officer.

You must participate in an approved

Any refusal to submit to such assessment or test as

The court authorizes the probation

Capitol Court Reporters, Inc. (800/802) 863-6067

App08

You

officer to release psychological reports and/or presentence

reports to the treatment agency for continuity of treatment.

You must provide the probation officer with access to any

requested records such as bills or invoices for credit cards,

telephone and wireless communication services, television

provider services and internet service providers.

provide the probation officer with a complete and current

inventory of the number of computers used, possessed, or in

your control along with a monthly log of computer access.

must not use a computer device capable of internet access until

a computer use plan is developed and approved by your treatment

provider and/or probation officer.

must require you to submit a monthly record of internet use,

online screens, encryption methods and passwords utilized by

you.

encryption, anonymization, cleaning, or wiping software

programs.

employer, potential employer, community service site, or other

interested party as determined by the probation officer of any

computer related restrictions that are imposed.

You must

You

Such a plan at a minimum

You must not access any computer device that utilizes any

You must consent to third party disclosure to an

You must not possess images or videos depicting sexually

explicit conduct involving adults as defined in 2256(2)(A),

child pornography or visual text or text content involving

minors which has sexual, prurient, or violent interests as an

inherent purpose.

Capitol Court Reporters, Inc. (800/802) 863-6067

App09

No. ________

_______________________________________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER 2019 TERM

_______________________________________________________________

JASON BONDS,

Petitioner

UNITED STATES OF AMERICA,

Respondent

_______________________________________________________________

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

_______________________________________________________________

APPENDIX C—Oct. 2, 2018 Judgment of Conviction (2:17-cr-040 (D.Vt.))

_______________________________________________________________

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 1 of 7

AO 245B (Rev. )

Judgment in a Criminal Case

Sheet 1

UNITED STATES DISTRICT COURT

District

of Vermont

__________

District

of __________

)

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

)

JASON BONDS

Case Number: 2:17CR00040-1

)

USM Number: 11879-082

)

Steven L. Barth, AFPD

)

Defendant’s

Attorney

)

THE DEFENDANT:

✔ pleaded guilty to count(s)

1s of the Information

G pleaded nolo contendere to count(s)

which was accepted by the court.

G was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section

Nature of Offense

Offense Ended

Count

18:2252(a)(4),(b)(2)

Possession of Child Pornography

12/5/2016

The defendant is sentenced as provided in pages 2 through

the Sentencing Reform Act of 1984.

of this judgment. The sentence is imposed pursuant to

G The defendant has been found not guilty on count(s)

✔ Count(s)

1 of underlying Indictment

✔ is

G are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,

or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,

the defendant must notify the court and United States attorney of material changes in economic circumstances.

10/1/2018

Date of Imposition of Judgment

+6%(.&/5&/5&3&%0/%0$,&5

%"5&10/2/2018

/s/ William K. Sessions III

Signature of Judge

William K. Sessions III, U.S. District Judge

Name and Title of Judge

10/1/2018

Date

App10

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 2 of 7

AO 245B (Rev. ) Judgment in Criminal Case

Sheet 2 — Imprisonment

Judgment — Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total

term of:

45 months to be served concurrently to any sentence imposed in state court.

✔ The court makes the following recommendations to the Bureau of Prisons:

that the defendant be placed at FCI Danbury, CT.

✔ The defendant is remanded to the custody of the United States Marshal.

G The defendant shall surrender to the United States Marshal for this district:

G at

G a.m.

G p.m.

G as notified by the United States Marshal.

G The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

G before 2 p.m. on

G as notified by the United States Marshal.

G as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on

, with a certified copy of this judgment.

UNITED STATES MARSHAL

DEPUTY UNITED STATES MARSHAL

App11

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 3 of 7

AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 3 — Supervised Release

Judgment—Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of :

5 years.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from

imprisonment and at least two periodic drug tests thereafter, as determined by the court.

G The above drug testing condition is suspended, based on the court's determination that you

SRVHDORZULVNRIIXWXUHVXEVWDQFHDEXVH FKHFNLIDSSOLFDEOH

G <RXPXVWPDNHUHVWLWXWLRQLQDFFRUGDQFHZLWK86&DQG$RUDQ\RWKHUVWDWXWHDXWKRUL]LQJDVHQWHQFHRI

✔ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

✔

You must comply with the requirements of the Sex Offender Registration and Notification Act ( U.S.C. § , et seq.) as

UHVWLWXWLRQ FKHFNLIDSSOLFDEOH

directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in WKHORFDWLRQwhHUH you

reside, work,are a student, or were convicted of a qualifying offense. (check if applicable)

G You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached

page.

App12

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 4 of 7

AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 3A — Supervised Release

Judgment—Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed

because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation

officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

10.

11.

12.

13.

You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your

release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time

frame.

After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and

when you must report to the probation officer, and you must report to the probation officer as instructed.

You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the

court or the probation officer.

You must answer truthfully the questions asked by your probation officer.

You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to

take any items prohibited by the conditions of your supervision that he or she observes in plain view.

You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from

doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses

you from doing so. If you plan to change where you work or anything about your work (such as your position or your job

responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10

days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours ofbecoming

aware of a change or expected change.

You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been

convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the

probation officer.

If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was

designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without

first getting the permission of the court.

If the probation officer determines, based on your criminal record, personal history or characteristics, that you pose a risk to

another person (including an organization), the probation officer, with the prior approval of the Court, may require you to

notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and

confirm that you have notified the person about the risk. (Modified at Sentencing Hearing 10/1/2018)

<RXPXVWIROORZWKHLQVWUXFWLRQV RIWKHSUREDWLRQRIILFHUUHODWHGWRWKHFRQGLWLRQVRIVXSHUYLVLRQ

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this

judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised

Release Conditions, available at: www.uscourts.gov.

Defendant's Signature

Date

App13

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 5 of 7

AO 245B(Rev. ) Judgment in a Criminal Case

Sheet 3D — Supervised Release

Judgment—Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

SPECIAL CONDITIONS OF SUPERVISION

-You must comply with the standard conditions of supervision recommended by the Sentencing Commission, as set forth in Part G of

the presentence report with the exception of condition l) as listed in subsection 111, page 20, of the presentence report. This condition

is modified as follows and is also reflected on page 4 of this Judgment: If the probation officer determines, based on your criminal

record, personal history or characteristics, that you pose a risk to another person (including an organization), the probation officer, with

the prior approval of the Court, may require you to notify the person about the risk and you must comply with that instruction. The

probation officer may contact the person and confirm that you have notified the person about the risk. These conditions are imposed

because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by

probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

-You must participate in an approved program of sex offender evaluation and treatment, which may include polygraph examinations, as

directed by the probation officer. Any refusal to submit to such assessment or tests as scheduled is a violation of the conditions of

supervision. You will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation

officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.

-You must provide the probation officer with access to any requested records, such as bills or invoices for credit cards, telephone and

wireless communication services, television provider services, and Internet service providers.

-You must provide the probation officer with a complete and current inventory of the number of computers (as defined in 18 U.S.C. §

1030(e)(1)) used, possessed, or in your control along with a monthly log of computer access.

-You must not use a computer device (as defined in 18 U.S.C. § 1030(e)(1)) capable of Internet access until a Computer Use Plan is

developed and approved by your treatment provider and/or probation officer. Such plan, at a minimum, must require you to submit a

monthly record of Internet use, online screen names, encryption methods, and passwords utilized by you.

-You must not access any computer device (as defined in 18 U.S.C. § 1030(e)(1)) that utilizes any encryption, anonymization,

“cleaning” or “wiping” software programs.

-You must consent to third-party disclosure to any employer, potential employer, community service site, or other interested party, as

determined by the probation officer, of any computer-related restrictions that are imposed.

-You must not possess images or videos depicting sexually explicit conduct involving adults, as defined in 18 U.S.C. § 2256(2)(A);

child pornography, as defined in 18 U.S.C. § 2256(8); or visual or text content involving minors which has sexual, prurient or violent

interests as an inherent purpose.

-You must not associate or have contact, directly or through a third party, with persons under the age of 18, except in the presence of a

responsible adult who is aware of the nature of your background, and who has been approved in advance by the probation officer.

Such prohibited conduct shall include the use of electronic communication, telephone, or written correspondence. This condition shall

not apply in regard to your association with your own children.

-You must avoid and are prohibited from being in any areas or locations where children are likely to congregate, such as schools,

daycare facilities, playgrounds, theme parks, arcades, unless prior approval has been obtained from the probation office.

-You must allow, at the direction of the probation officer and at your expense, the installation of monitoring hardware or software to

monitor your use of computer systems, internet-capable devices and/or similar electronic devices under your control.

-You must not have contact, directly or through a third party, with the victim(s) in this case. Such prohibited conduct shall include the

use of electronic communication, telephone, or written correspondence.

-You must submit your person, and any property, house, residence, vehicle, papers, computer, other electronic communications or data

storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with

reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the person, and by any

probation officer in the lawful discharge of the officer’s supervision functions. Such searches may include the removal of such items

for the purpose of conducting a more thorough inspection. You shall inform other residents of this condition. Failure to submit to a

search may be grounds for revocation.

-You must participate in a program approved by the United States Probation Office for substance abuse, which program may include

testing to determine whether you have reverted to the use of drugs or alcohol. You shall contribute to the cost of services rendered in an

amount to be determined by the probation officer based on ability to pay or the availability of third party payment. You must refrain

from the use of alcohol and other intoxicants during and after treatment.

App14

AO 245B (Rev. )

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 6 of 7

Judgment in a Criminal Case

Sheet 5 — Criminal Monetary Penalties

Judgment — Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

JVTA Assessment*

Assessment

TOTALS

Fine

$ 5,000.00 XBJWFE

$ 100.00

✔ The determination of restitution is deferred until

Restitution

12/31/2018 . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.

G The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in

the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid

before the United States is paid.

Total Loss**

Name of Payee

TOTALS

0.00

Restitution Ordered

Priority or Percentage

0.00

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the

fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject

to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:

G the interest requirement is waived for the

G the interest requirement for the

G fine

G restitution.

restitution is modified as follows:

* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or

after September 13, 1994, but before April 23, 1996.

App15

Case 2:17-cr-00040-wks Document 72 Filed 10/02/18 Page 7 of 7

$2% 5HY -XGJPHQWLQD&ULPLQDO&DVH

Sheet 6 — Schedule of Payments

Judgment — Page

DEFENDANT: JASON BONDS

CASE NUMBER: 2:17CR00040-1

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

✔ Lump sum payment of $

100.00

not later than

in accordance with G C,

due immediately, balance due

, or

E, or

G Payment to begin immediately (may be combined with

G Payment in equal

G F below; or

G C,

G D, or

G F below); or

(e.g., weekly, monthly, quarterly) installments of $

over a period of

(e.g., months or years), to commence

(e.g., 30 or 60 days) after the date of this judgment; or

(e.g., weekly, monthly, quarterly) installments of $

over a period of

(e.g., months or years), to commence

(e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

G Payment during the term of supervised release will commence within

✔ Special instructions regarding the payment of criminal monetary penalties:

(e.g., 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

The defendant has demonstrated an inability to pay a fine or the JVTA special assessment. Hence, all fines and the JVTA

special assessment are waived. Determination of any restitution order is continued for 90 days upon motion by the

government.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during

the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate

Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

G Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,

and corresponding payee, if appropriate.

G The defendant shall pay the cost of prosecution.

G The defendant shall pay the following court cost(s):

G The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine

interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.

App16

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.