Assented to Motion to Continue Sentencing Hearing as to Chynna Savath — USA v. Savath (Dkt. 14, D. Mass.)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:21-cr-10269-RGS · Doc. 14 · 2022-05-11 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MASSACHUSETTS 
 
__________________________________________ 
 
 
 
 
 
 
 
) 
UNITED STATES OF AMERICA,  
 
) 
 
 
 
 
 
 
 
) 
 
v. 
 
 
 
 
 
)   Criminal No.:  1:21-CR-10269 
 
 
 
 
 
 
 
) 
CHYNNA SAVATH,  
 
 
 
) 
 
 
 
Defendant. 
 
 
) 
__________________________________________) 
 
 
DEFENDANT’S ASSENTED-TO MOTION TO CONTINUE SENTENCING HEARING 
Undersigned counsel for Defendant Chynna Savath hereby moves this Court for an Order 
continuing the sentencing in this matter from its currently scheduled date of May 19, 2022, to 
either May 20, 2022, or to a date on or after June 2, 2022.  As grounds for this Motion, 
undersigned counsel states that he has a scheduling conflict due to a multi-defendant federal 
criminal matter, United States v. Melendez, et al., Crim No. 19-Cr-40024-TSH, which is 
scheduled for jury selection in Worcester on May 19, 2022, and a jury trial in that same matter 
commencing on May 23, 2022. 
 
In further support of this Motion, undersigned counsel for Defendant Savath states as 
follows: 
1. 
On January 20, 2022, Defendant Savath pled guilty to two counts of wire fraud in 
the above-referenced action.  The guilty plea was entered pursuant to a binding plea agreement 
pursuant to Fed. R. Crim. P. 11(c)(1)(C).  On that same date, Ms. Savath was released on 
conditions pending her sentencing hearing, which was scheduled for May 19, 2022 at 10:00 a.m. 
before this Court. 
2. 
Undersigned counsel is counsel of record for one of the four defendants in United 
States v. Melendez, et al., Crim No. 19-Cr-40024-TSH.  At the time the sentencing hearing in the  
Case 1:21-cr-10269-RGS     Document 14     Filed 05/11/22     Page 1 of 3

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Savath matter was scheduled, the trial in the Melendez matter was scheduled to commence in 
Worcester on May 23, 2022.  Accordingly, undersigned counsel did not expect any conflict 
involving his professional responsibilities in the two cases. 
3. 
On April 11, 2022, U.S. District Judge Hillman issued an Order in the Melendez 
matter directing all counsel and the parties to appear in person in Worcester for jury selection on 
May 19, 2022 at 9:00 a.m.  See United States v. Melendez, supra, at Docket Entry 321 (Order of 
April 11, 2022).  That date and time conflicts with the previously scheduled sentencing hearing 
in this case. 
4. 
When Judge Hillman issued his Order regarding jury selection in the Melendez 
matter, and for several weeks thereafter, undersigned counsel was uncertain whether the 
Melendez matter would be resolved before trial.  Accordingly, undersigned counsel did not 
immediately move for a continuance of the sentencing hearing in this case.  Undersigned counsel 
now expects the Melendez matter will proceed to trial, and he hereby seeks this continuance to 
avoid an irreconcilable professional conflict involving the two matters. 
5. 
The jury trial in the Melendez matter is still scheduled to commence in Worcester 
on May 23, 2022.  While the precise length of the trial remains unclear, undersigned counsel 
currently expects that jury trial to extend a day or two past the Memorial Day holiday.  He 
expects that that the trial should be completed on or before June 1, 2022. 
6. 
Undersigned counsel has conferred with counsel for the United States and with 
the Probation Office regarding the scheduling conflict addressed in this Motion.  The United 
States and the Probation Office have assented to the continuance requested herein. 
 
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WHEREFORE, Defendant Savath respectfully requests that this Court issue an Order 
continuing the sentencing of this Matter to any time on Friday, May 20, 2022, or, in the 
alternative, to any date or time on or after June 2, 2022. 
 
 
 
 
 
 
 
Respectfully submitted, 
DEFENDANT, CHYNNA SAVATH, 
By her attorney, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Daniel J. Cloherty  
 
 
 
 
 
 
 
 
Daniel J. Cloherty (BBO# 565772) 
 
 
 
 
 
 
Todd & Weld LLP 
 
 
 
 
 
 
One Federal Street 
 
 
 
 
 
 
Boston, MA  02110 
 
 
 
 
 
 
(617) 720-2626 
 
 
 
 
 
 
 
dcloherty@toddweld.com  
 
CERTIFICATE OF SERVICE 
 
I, the undersigned, hereby certify that I served a true copy of the above document upon 
all parties with an interest in this matter by electronically filing through this Court’s CM/ECF 
filing system this 11th day of May, 2022. 
 
 
 
 
 
 
/s/ Daniel J. Cloherty 
 
 
 
 
 
 
 
 
 
 
Daniel J. Cloherty 
 
 
 
 
 
 
 
 
Case 1:21-cr-10269-RGS     Document 14     Filed 05/11/22     Page 3 of 3

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