Court filing
Procedural Order Re: Sentencing Hearing -- United States v. Aticha Jittaphol, a/k/a "Lily"
No. 1:21-cr-10270-MLW · Doc. 54 · Docket on CourtListener
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Case 1:21-cr-10270-MLW Document 54 Filed 03/09/22 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA,
v. CRIMINAL NO. 21-10270-MLW
Aticha Jittaphol,
Defendant.
PROCEDURAL ORDER
RE: SENTENCING HEARING
WOLF, S.D.J.
A plea of guilty or nolo contendere, or a verdict of guilty, having been entered on 3/8/2022,
under the Sentencing Reform Act of 1984, it is hereby ORDERED:
Pre-sentence Investigation
1. a) The United States Probation Office shall commence immediately the pre-sentence
investigation unless as provided in Fed. R. Crim. P. Rule 32(i), the court finds under Rule
32 (c) (1)(A) and (B) that the information in the record enables it to exercise its sentencing
authority meaningfully under 18 U.S.C. § 3553 and the court explains this finding on the
record.
b) The Probation Office shall prepare pre-sentence investigation reports in the order in
which the requests from the court are received.
Statement of Relevant Facts
2. Not later than seven days after the plea on 3/15/2022, the attorney for the government shall
provide to the United States Probation Office a statement of relevant facts and any other
documents pertinent under Federal Rules of Criminal Procedure 32(d) and shall
simultaneously serve on counsel for the defendant a copy of everything provided to the
Probation Office.
Submission of Information Regarding Identifiable Victims (if applicable)
3. Not later than seven days after the plea on 3/15/2022, the attorney for the government shall
provide to the United States Probation Office a written statement setting forth the names
of the victims, their contact information/addresses and the amount of loss sustained by each
victim/restitution owed to each victim pursuant to the Federal Rules of Criminal Procedure,
Rule 32(c)(1)(B).
Case 1:21-cr-10270-MLW Document 54 Filed 03/09/22 Page 2 of 4
Interview of Defendant
4. The Probation Office shall provide a reasonable opportunity for defense counsel to attend any
interview of the defendant conducted by a probation officer during the pre-sentence
investigation.
a) If the case is resolved by a plea and the Probation Office has timely notification of
the plea, it shall hold an interview with the defendant on the day of the plea. If an interview
cannot be held on the day of the plea, the Probation Office shall schedule an interview to be
held within seven days after the plea or within such additional time as the court may order.
b) If the case is resolved by a verdict, the Probation Office shall schedule an interview
with the defendant to be held within seven days after the verdict or within such additional
period of time as the court may order.
c) If the defendant is in custody, the United States Marshal shall, at the request of the
Probation Office, bring the defendant to the courthouse for an interview at the earliest
feasible time.
Pretrial Services Responsibility
5. Pretrial Services shall provide to the Probation Office all documents in the possession of
Pretrial Services that may be relevant to the pre-sentence investigation, including a copy of
the Pretrial Report, the defendant’s state, local, and national criminal record, police reports,
copies of convictions, drug test results, reports of incidents, and other reports and supporting
documents.
Date of Sentencing
6. The sentencing hearing (and sentencing) is scheduled to occur at 2:00 PM on June 14,
2022, in courtroom 2 on the 3rd floor. This date is to be not sooner than twelve weeks after
the date of the plea/verdict, in order to permit the following:
a) Probation Office shall have seven weeks after the date of plea/verdict for the
preparation and disclosure of the initial report.
b) Probation Office shall disclose the initial report to defense counsel and government
counsel no less than five weeks before the sentencing hearing unless the defendant
expressly waives the minimum five-week pre-sentencing notification period.
c) The date when disclosure has been effected to each attorney is the date of the mailing
of a copy to that attorney. An attorney may, in lieu of receiving disclosure by mail, make
arrangements with the Probation Office to pick up the report no later than 3:00 p.m. on the
date disclosure is due. It is the responsibility of the defense counsel to disclose the pre-
sentence report to the defendant and to discuss it with and explain it to the defendant.
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Case 1:21-cr-10270-MLW Document 54 Filed 03/09/22 Page 3 of 4
Objections Procedure
7. Within fourteen days after disclosure of the report, attorneys for the government and the
defendant shall advise the probation officer and each other in writing, of any objections they
may have as to any material information, sentencing classifications, sentencing guideline
ranges or policy statements contained in or omitted from the report.
8. The probation officer shall conduct any further investigation and make any revisions to the
pre-sentence report that may be necessary. The probation officer may require counsel for
both parties to confer with the probation officer to identify and attempt to resolve any factual
or legal disputes which may require hearing by the court.
Final Pre-sentence Report
9. Not later than 6/7/2022 (which is a date not less than seven days before the sentencing
hearing), the probation officer shall submit to the court and disclose to the attorneys the
final pre-sentence report, including any addendum, setting forth the unresolved objections,
the grounds for these objections and the probation officer’s comments on the objections.
The probation officer shall certify that the contents of the report, including any revisions,
and the addendum have been disclosed to the defendant and to counsel for the defendant
and the government, and that the addendum fairly states any remaining unresolved
objections. Except with regard to any unresolved objections, the report of the pre-sentence
investigation may be accepted by the court as accurate. The court, however, for good cause
shown, may allow a new objection to the pre-sentence report to be raised at any time before
the imposition of sentence.
Hearing and Counsel’s obligations
10. Obligation of Counsel:
Notice: Counsel are to advise the Court by 5/31/2022:
a) whether either party will move for a departure from the applicable guideline
range or will move for a non-guideline sentence;
b) whether apart from (1), there are legal questions not adequately addressed in
the presentence report or not addressed at all;
c) whether there are factual issues which the party contend require an
evidentiary hearing, and if so, to advise the clerk:
i. the amount of time counsel expects would be required to complete
the hearing; and
ii. the identity of the witnesses counsel expect to call.
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Case 1:21-cr-10270-MLW Document 54 Filed 03/09/22 Page 4 of 4
b) Memorandum: Counsel must file any sentencing memorandum or motion for
departure or variance with the Court no later than 5/31/2022. Any responses shall be
filed by 6/7/2022. To the extent the parties intend to file anything under seal, a
redacted copy shall also be filed for the public record.
c) Service on Probation: A copy of the memorandum and any submissions addressing
sentencing issues submitted by counsel must also be provided to the probation officer
five business days in advance of the sentencing hearing.
11. The schedule set forth in this Order may be modified by the Court for good cause shown.
12. Disclosure of the pre-sentence report is made under the provisions of Fed. R. Crim. P. 32,
except that the Probation Office shall not disclose any recommendation it made to the court
as to sentence. Any such recommendation made to the court by the Probation Office must not
contain factual information not already disclosed to both counsel and to the defendant.
Date: 3/9/2022 /s/ Mark L. Wolf
SENIOR UNITED STATES DISTRICT JUDGE
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