USA v. Scott Spear 

UNITED STATES DISTRICT COURT 

ARIZONA - PHOENIX 

April 9, 2018 

Case Number: CR-18-00422-003-PHX-SPL 

ORDER SETTING CONDITIONS OF RELEASE ~--~~~~~~~~--. 

IZl PERSONAL RECOGNIZANCE 

D AMOUNT OF BOND $ 

D UNSECURED 

D SECUREDBY 

SECURITY TO BE POSTED BY 

NEXT APPEARANCE 06/05/2018 at 9:00 AM or as directed through counsel 

IZl 401 West Washington St., Phoenix, AZ, Courtroom #501, 5th Floor 

D Goodwin & Cortez, US Post Office Bldg., Prescott, AZ, 2nd Floor 

IT IS ORDERED that defendant is subject to the following conditions and shall: 

FlLED 

RECEfVED 

LODGED 

COFY 

APR 0 9 2018 

cl.ERK U S DISTRICT COURT "' 

OISIBJCT OF ARJZONA ~ 

131' Pi;PUTY J 

IZl appear at all proceedings as required and to surrender for service of any sentence imposed. 

IZl not commit any federal, state or local crime. 

IZl cooperate in the collection of a DNA sample ifthe collection is authorized by 42 U.S.C. § 14135a. 

IZl immediately advise the court, defense counsel and U.S. Attorney in writing of change in 

address/telephone number. 

IZl maintain or actively seek verifiable employment if defendant is physically or medically able and provide 

proof of such to Pretrial Services. -, 

IZl not travel outside of: Arizona unless express PRIOR Court or Pretrial Services permission is granted to do 

so. 

D avoid all direct or indirect contact with persons who are considered alleged victim(s), potential 

witness( es), family members ofvictim(s)/witness(es); and/or D the custodial parent, except Defendant 

may communicate with custodial parent solely for visitation purposes with his/her minor child(dren): 

IZl report as directed to the U.S. PRETRIAL SERVICES 1-800-769-7609 or 602-322-7350. 

D report as directed to the U.S. PROBATION OFFICE 602-322-7400 and abide by all terms of conditions of 

Supervised Release/Probation. 

D execute an agreement to forfeit upon failing to appear as required, the bond or designated property: 

D Defendant is placed in the third party custody of. 

IZl refrain from any use of alcohol and-not use or possess any narcotic or other controlled substance defined 

by 21 U.S.C. 802 unless prescribed for defendant by a licensed medical practitioner in the course of 

his/her legitimate medical practice. This provision does not permit the use or possession of medicinal 

marijuana even with a physician's written certification. 

IZl participate in drug/alcohol counseling/treatment and submit to drug/alcohol testing, including 

breathalyzer testing and make copayment toward the cost as directed by U.S. Pretrial Services. The 

defendant shall not interfere, obstruct or tamper in any way with the administration of any Court ordered 

substance abuse testing. 

IZl shall surrender all travel documents to Pretrial Services by April 10, 2018 and will not obtain a passport or 

other travel document during the pendency of these proceedings. 

D obtain no passport. 

Case 2:18-cr-00422-DJH Document 31 Filed 04/09/18 Page 1 of 3
USA v. Scott Spear Case Number: CR-18-00422-003-PHX-SPL 

April 9, 2018 Page 2 of 3 

D not possess or attempt to acquire any firearm, destructive device, or other dangerous weapon or 

ammunition. 

1ZJ maintain weekly contact with Attorney Bruce Feder by Friday, noon of each week. 

D shall timely pay his/her monthly child support payments as previously ordered by the subject state court in 

the total amount of $ . 

IZl The defendant shall actively participate in any mental health treatment program as directed by Pretrial 

Services. The defendant shall comply with all treatment requirements including taking all medication as 

prescribed by his/her mental health care provider. 

D shall not access via computer or possess any photographs or videos of sexually explicit conduct as defined 

by 18 U.S.C. § 2256(2). 

IZl The defendant shall not make any financial transactions over $1,000 other than fixed living expenses 

without permission of Pretrial Services. 

' ADVICE OF PENALTIES AND SANCTIONS 

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 more than ten years ifthe offense is a felony or a term 

of imprisonment of not more than one year ifthe offense is a misdemeanor. This sentence shall be consecutive to 

any other term of imprisonment. . 

Title 18 U.S.C. §1503 makes it a criminal offense punishable by imprisonment for life or by death, or, 

depending upon the specific provisions of the section not more than twenty years or by not more than ten years, 

and a $250,000 fine to intimidate a juror or officer of the court; Title 18 U.S.C. §1510 makes it a criminal offense 

punishable by up to five years imprisonment and a $250,000 fine to obstruct a criminal investigation; Title 18 

U.S.C. §1512 makes it a criminal offense punishable by imprisonment for life or by death, or, depending upon 

the specific provisions of the section by not more than twenty years or by not more than ten years and a $250,000 

fine for tampering with a witness, victim or informant; or by intentionally harassing another person and thereby 

hindering /delaying /preventing or dissuading any person from attending or testifying in an official proceeding or 

otherwise violating the section is punishable by imprisonment for not more than one year and a $250,000 fine; and 

18 U.S.C. §1513 makes it a criminal offense punishable by imprisonment for life or by death, or, depending upon 

. the specific provisions of the section not more than twenty years or by not more than ten years of imprisonment, 

a fine of $250,000, or both, 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:(l) 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, the defendant shall be ffned not more than $250,000 or imprisoned for not more than five 

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

If the person was released for appearance as a material witness, a fine as provided by law or imprisonment 

(or both) may be imposed for not more than one year. 

Case 2:18-cr-00422-DJH Document 31 Filed 04/09/18 Page 2 of 3
USA v. Scott Spear Case Number: CR-18-00422-003-PHX-SPL 

April 9, 2018 Page 3of3 

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. 

DATE ~ SIGNATURE OF DEFENDANT 

'-l/ 1 [ 1 rt 3 a.on/- 6-s i1-, 

Custodian agrees to (a) supervise the defendant in accordance with all conditions ofrelease, (b) to use 

every effort to assure the appearance of the defendant at all scheduled court proceedings, and to notify the court 

immediately in the event the defendant violates any condition of release or disappears. We, the undersigned, have 

read and understand the terms of this bond and conditions ofrelease and acknowledge that we are bound by it until 

duly exonerated. 

I SIGNATURE OF CUSTODIAN(S) 

Directions to United States Marshal: 

IZI The defendant is ORDERED released after processing. 

D 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 of release. 

DATE April 9, 2018 

USA, PTS/PROB, USM, DEFT, DEFT ATTY 

Case 2:18-cr-00422-DJH Document 31 Filed 04/09/18 Page 3 of 3