Affidavit — USA v. Jittaphol (Dkt. 129.1)

Summary

Affidavit of Aticha Jittaphol in support of a motion for release from custody or, in the alternative, for waiver of presentence report and immediate imposition of sentence, Case 1:21-cr-10270-MLW, Document 129-1. Jittaphol attests to entering a "C Plea" agreement providing for a sentence of time-served and no supervised release, and that an attorney advised the sentencing guideline range is 0-6 months. Jittaphol states not having used methamphetamine or any other illegal drug since entering a halfway house in December 2021, while continuing to test positive inconsistently in sweat patch testing. Jittaphol states willingness to waive a presentence report if the Court would accept the plea and proceed immediately to sentencing. It states that it was signed under the penalties of perjury in June 2022.

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Case 1:21-cr-10270-MLW Document 129-1 Filed 06/21/22 Pagei1of2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

United States of America No. 21-CR-10270-MLW
v.

Aticha Jittaphol

AFFIDAVIT OF ATICHA JITTAPHOL IN SUPPORT OF MOTION FOR
RELEASE FROM CUSTODY, OR, IN THE ALTERNATIVE, FOR WAIVER OF
PRESENTENCE REPORT AND IMMEDIATE IMPOSTION OF SENTENCE
I, Aticha Jittaphol, attest:
L Tam the defendant in the above-entitled action.
2. Circumstances have changed since my prior motion seeking release, and
since the time that the Court ordered my confinement. I have entered a “C Plea”

agreement, providing for a sentence of time-served and no supervised release. A

Rule 1 hearing is scheduled for June 23".

3. As of June 23", [ will have been in custody for two months. My attorney has
advised me that my sentencing guideline range is 0-6 months.

4. I believe that supervised release after sentencing is unwarranted and that if
1am released pending sentencing that drug testing should be discontinued,
although my reasoning likely differs from the Court’s. |have not used —__
methamphetamine or any other illegal drug since entering a halfway house in
December 2021. Despite this, | continued to inconsistently test positive in sweat
patch testing when on release. Consequently, I feel that it is impossible for me to
comply with the conditions of probation if those conditions include negative sweat

patch testing. There is nothing I can do or stop doing that would change the
Case 1:21-cr-10270-MLW Document129-1 Filed 06/21/22 Page 2of2

results of the tests, since I was testing positive despite my not using
methamphetamine. I do not need testing or supervision to remain sober, as am
committed to never using methamphetamine again.

5. Iam willing to waive preparation of a presentence report if the Court would
accept the “C Plea” and immediately proceed to sentencing.

6. If released, I will live at the home of my cousin, Rugsima Weiberger, and

her husband, David Weinberger, at 73 Bristow St., Saugus, MA.

Signed under the penalties of perjury this 20 day of June 2022.

ATICHA JITTAPHOL


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