Order — United States v. Aticha Jittaphol

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Order dated January 21, 2022, headed WOLF, D.J., in United States v. Aticha Jittaphol, Cr. No. 21-cr-10270-MLW, in the District of Massachusetts, issued for the reasons discussed at the hearing on January 20, 2022. It directs Probation, as soon as possible, to inform the parties and the court of the defendant's immigration status, including whether she is authorized to be in the United States and to work, and to test her for prohibited substances on a weekly basis. The parties are to file memoranda by January 28, 2022, on why the sentence in the binding plea agreement is sufficient in the context of the 18 U.S.C. § 3553(a) factors and why the court should accept the waiver of indictment and plea of guilty. The parties are also to order the transcript of the hearing on an expedited basis.

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA

ATICHA JITTAPHOL,

)
)
Vv. ) Cr. No. 21-cr-10270-MLW
)
)
Defendant. )

ORDER
WOLF, D.J. January 21, 2022

For the reasons discussed at the hearing on January 20, 2022,
it is hereby ORDERED that:

1. Probation shall, as soon as possible, inform the parties
and the court of defendant Aticha Jittaphol's immigration status,
including but not limited to whether she is authorized to be in
the United States and, if so, whether she is authorized to work.
Probation shall also test defendant for prohibited substances on
a weekly basis and report any failed test, or any failure of the
defendant to be tested as directed, to the court.

2. The parties shall, by January 28, 2022, file memoranda
addressing the following: (a) why the sentence agreed to by the
parties in the binding Rule 11(c)(1)(C) plea agreement (Dkt. No.
7) is sufficient in the context of the 18 U.S.C. § 3553(a) factors,

see Freeman v. United States, 564 U.S. 522, 529 (2011), holding

modified by Hughes v. United States, 138 S. Ct. 1765 (2018); and,

in any event, (b) why the court should proceed to accept the

defendant's waiver of indictment and plea of guilty and defer until
sentencing its decision as to whether to accept the plea agreement
and impose the parties' agreed-upon sentence.
3. The parties shall order the transcript of the January

21, 2022 hearing on an expedited basis.

UNITED“STATES DISTRICT JUDGE

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