Order -- United States v. Aticha Jittaphol, a/k/a "Lily" (Doc. 39)

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Order dated February 9, 2022 (filed February 10, 2022) in United States v. Aticha Jittaphol, No. 21-cr-10270-MLW, in the U.S. District Court, District of Massachusetts, as Document 39. It states that the court has reviewed the parties' submissions on whether the defendant may waive indictment, plead guilty, and defer until the sentencing hearing the decision on a binding plea agreement. The order approves a February 7, 2022 petition on conditions of pretrial release reporting a positive methamphetamine test, and refers to a January 25, 2022 Probation memorandum on the defendant's immigration status. It schedules a hearing for March 8, 2022 and directs memoranda by February 23, 2022.

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Case 1:21-cr-10270-MLW Document 39 _ Filed 02/10/22 Page1of3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA
Vv. Cr. No. 21-cr-10270-MLW

ATICHA JITTAPHOL,
Defendant.

ORDER
WOLF, D.J. February 9, 2022

The court has reviewed the submissions of the parties (Dkt.
Nos. 34 and 35) concerning whether it should allow defendant Aticha
Jittaphol to waive indictment, plead guilty, and defer until the
sentencing hearing deciding whether to accept or reject the Federal
Rule of Criminal Procedure 11(c) (1) (B) binding plea agreement. The
court is now willing to proceed as the parties propose.

The court has also approved the February 7, 2022 Petition for
Action on Conditions of Pretrial Release (Dkt. No. 38, ex parte),
attached hereto as Exhibit 1, reporting that following the January
20, 2022 hearing, the defendant tested positive for
methamphetamine (the "Petition"). The court has approved the
issuance of a summons and will address the Petition after
defendant's waiver of indictment and Rule 11 plea colloquy. While
the Petition requests that the court address the "drug use and the
need for the defendant to re-commence residential drug treatment,"
the court also intends to address whether the defendant should be

detained for violating the conditions of her pretrial release.
Case 1:21-cr-10270-MLW Document 39 _ Filed 02/10/22 Page 2of3

In addition, the court has considered the January 25, 2022
Memorandum from Probation concerning the defendant's immigration
status, attached hereto as Exhibit 2. It raises questions
concerning whether the defendant is in the United States based on
possible misrepresentations about being a student since 2016, and
whether she is working unlawfully. Therefore, Probation and the
United States Attorney are being ordered to attempt to obtain
copies of the defendant's applications for extension of her F-1l
student visa, and any documents concerning whether or not her
reported application for asylum authorizes her to remain in the
United States and work.

In view of the foregoing, it is hereby ORDERED that:

1. A hearing to address the foregoing matters will be held,
at the Moakley Courthouse, on March 8, 2022, at 2:30 p.m.

2. Probation and the government shall attempt to obtain the
documents and information concerning defendant's immigration
status and authorization to work in the United States, described
above, and provide them, with explanation, to defendant and the
court as promptly as possible.

3. The government and defendant shall, by February 23, 2022,
file memoranda addressing their recommendations concerning the

action the court should take concerning the Petition.
Case 1:21-cr-10270-MLW Document 39 _ Filed 02/10/22 Page 3of3

AL.

UNITED STATES DISTRICT JUBGE

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