Order -- United States v. Aticha Jittaphol, a/k/a "Lily" (Doc. 81)

Summary

An Order dated April 18, 2022 in United States v. Aticha Jittaphol, Cr. No. 21-cr-10270-MLW, U.S. District Court, District of Massachusetts (Document 81), headed WOLF, D.J. It states that an earlier Memorandum and Order (Dkt. No. 79) revoked the defendant's release pending sentencing and directed that she report to the United States Marshal on April 21, 2022 to be detained. It states that Jittaphol filed a motion (Dkt. No. 80) to delay her detention until April 28, 2022. The order finds that further delay would not be in the interests of justice and that Probation reported a sweat patch worn between March 24, 2022 and April 1, 2022 returned positive for the presence of methamphetamine. It orders that the Motion is DENIED.

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Case 1:21-cr-10270-MLW Document 81 Filed 04/18/22 Page 1of2

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. April 18, 2022

On April 18, 2022, the court issued a Memorandum and Order
revoking defendant Aticha Jittaphol's release pending sentencing
and directing that she report to the United States Marshal on April
21, 2022 to be detained. See Dkt. No. 79. Later on April 18, 2022,
Jittaphol filed a motion to delay her detention until April 28,
2022 to provide time for her to pack and move her belongings from
her apartment. See Dkt. No. 80 (the "Motion"). The Motion states
that the "government" assents. See id. It does not state whether
Probation has been consulted and assents, but that is not material.

In ordering a hearing to begin on April 1, 2022 concerning
the petitions alleging many violations of the conditions of
Jittaphol's release, the court wrote that "Jittaphol shall attend
and be prepared to be taken into custody immediately if the court
revokes her release." Dkt. No. 61. At the conclusion of that
hearing on April 8, 2022, Jittaphol and her counsel should have
realized that there was a reasonable likelihood that her release

would be revoked and her detention would be ordered immediately.
Case 1:21-cr-10270-MLW Document 81 Filed 04/18/22 Page 2 of 2

While the court has provided Jittaphol three more days to prepare
to report to be detained, a further delay would not be in the
interests of justice. Among other things, on April 14, 2022,
Probation reported that a sweat patch worn by Jittaphol between
March 24, 2022 and April 1, 2022 returned positive for the presence
of methamphetamine, as had two previous sweat patch tests. See
Dkt. No. 79 at 1 n.1 & 25-26.

In essence, the court finds that: Jittaphol should have been
prepared to be detained on April 1, 2022 and certainly by April
21, 2022; there is reason to be concerned that she is continuing
to violate the conditions of her release by committing the crime
of possessing and using methamphetamine; and it would be unduly
burdensome and unfair to require that Probation continue to try to
supervise Jittaphol until April 28, 2022.

Accordingly, it is hereby ORDERED that the Motion (Dkt. No.

80) is DENIED.

wv

IcT JUDGE

UNITED STATES DISTR

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