Court filing

Petition for Action on Conditions of Pretrial Release -- United States v. Aticha Jittaphol, a/k/a "Lily"

No. 1:21-cr-10270-MLW · Doc. 76 · Docket on CourtListener

Full text

Case 1:21-cr-10270-MLW Document 76 Filed 04/14/22 Page 1 of 3

PS 8
(5/05)

UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS

United States of America

vs.

Aticha Jittaphol Docket No. 0101 1:21CR10270-MLW

PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE

The undersigned U.S. Probation and Pretrial Services Officer presents this report regarding
defendant Aticha Jittaphol , who was placed under pretrial release supervision by the Honorable
Marianne Bowler, on 10/26/2021 under the following conditions:

1. The defendant must not violate federal, state, or local law while on release.
2. The defendant must cooperate in the collection of a DNA sample if it is authorized by 32
U.S.C 40702.
3. The defendant must advise the court or the pretrial services office or supervising officer
in writing before making any change of residence or telephone number.
4. The defendant must appear in court as required and, if convicted, must surrender as
directed to serve a sentence that the court impose.
5. The defendant must sign an Appearance Bond, if ordered.
6. The defendant must submit to supervision by and report for supervision to the Probation
and Pretrial Services department as directed.
7. The defendant must surrender any passport to: Probation and Pretrial Services department
by the close of business on 10/7/21.
8. The defendant must not obtain any passport or other international travel document.
9. The defendant must abide by the following restriction on personal association, residence,
or travel: travel is restricted to the District of Massachusetts.
10. The defendant must not use or unlawfully possess a narcotic drug or other controlled
substances as defined by 21 U.S.C. 802, unless prescribed by a licensed medical
practitioner.
11. The defendant must submit to testing for a prohibited substance if required by the pretrial
services office or supervising officer. Testing may be used with random frequency and
may include urine testing, the wearing of a sweat patch, a remote alcohol testing system,
and/or any other form of prohibited substance screening or testing.
12. The defendant must report as soon as possible, to the pretrial services or supervising
officer, every contact with law enforcement personnel, including arrests, questioning, or
traffic stops (report within 24 hours).
13. The defendant must maintain residence and do not move without prior permission.
14. The defendant must participate in a program for inpatient or outpatient substance abuse
therapy and counseling if directed by the pretrial services office or supervising officer.

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Case 1:21-cr-10270-MLW Document 76 Filed 04/14/22 Page 2 of 3

15. The defendant must refrain from obstructing or attempting to obstruct or tamper, in any
fashion, with the efficiency and accuracy of any substance abuse testing or monitoring
which is (are) required as a condition of release.
16. The defendant must not frequent establishments whose primary purpose is gambling. Do
not participate in any gambling activities, including casino gambling, online gambling,
lotteries, instant scratch tickets, Keno, and any other activities similar in nature. Attend a
gambling specific treatment program and/or meetings, as directed by U.S. Probation and
Pretrial Services.

On 3/8/2022, the defendant appeared before the Honorable Mark L. Wolf, Senior U.S. District
Judge, for a Waiver of Indictment and Plea to Information, as well as a hearing regarding the
defendant’s violation of pretrial release referenced in a Petition for Action dated 2/7/2022. During
this hearing, the defendant was ordered released on her original conditions of release, as referenced
above, with the addition of the following conditions of release:
1. The defendant mut fully and properly participate in outpatient substance abuse treatment
with CPC Boston as directed by the Probation Office.
2. The defendant must fully and properly participate in Crystal Meth Anonymous (CMA) as
directed by the Probation Office.
3. The defendant must fully inform the Probation Office concerning her employment so it
can decide if that employment is permissible and appropriate. In addition, the defendant
must seek and receive the permission of the Probation Office before changing
employment or engaging in additional employment.
4. The defendant must submit to urine testing for prohibited substances, observed by a male
Probation officer, on a weekly basis. The defendant must also submit to sweat patch
testing for prohibited substances on a weekly basis.

And respectfully seeks action by the Court and for cause as follows:

On April 14, 2022, the U.S. Probation Office received notification that the sweat patch worn by
the defendant between 3/24/22 and 4/1/22 returned positive with the presence of
Methamphetamine.

Evidence in support of this violation are laboratory results from PharmChem Inc. dated 4/14/2022,
confirming this result.

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Case 1:21-cr-10270-MLW Document 76 Filed 04/14/22 Page 3 of 3

Petition for Action on Conditions of Pretrial Release

PRAYING THE COURT WILL:
☐ Issue a Warrant
☒ Issue a Summons
☐ Other:

I declare under the penalty of perjury that the foregoing is true and correct.
Executed on: 4/14/2022 Place: Boston, Massachusetts

/s/ Taylor Wertz Date: 4/14/2022
Taylor Wertz
U.S. Probation Officer

ORDER OF COURT

☐ Warrant to Issue.
☐ Summons to issue. Clerk to schedule show cause hearing.
☐ Other:

Considered and ordered this day of , 2022, and ordered filed
and made part of the record in the above case.

__________________________
The Honorable Mark L. Wolf,
Senior U.S. District Judge

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