Order Pusuant to 18 U.S.C. § 3006A(f) — No. 1:20-cr-10130 (Dkt. 44, D. Mass.)

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An order pursuant to 18 U.S.C. § 3006A(f) in United States v. Elijah Buoi, Criminal Action No. 20-10130-FDS, in the U.S. District Court for the District of Massachusetts, filed July 30, 2020 as Document 44 (3 pages) and signed by Magistrate Judge David H. Hennessy. After financial affidavits and a sealed ex parte hearing on July 29, 2020, the Court finds the defendant unable to pay directly for counsel and makes the provisional appointment of the Federal Public Defender permanent. It also finds he can pay $200 a month toward the fund that partially compensates appointed counsel, beginning August 31, 2020, and makes the order an added condition of his release pending trial.

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            Case 1:20-cr-10130-FDS Document 44 Filed 07/30/20 Page 1 of 3



                                  UNITED STATES DISTRICT COURT
                                   DISTRICT OF MASSACHUSETTS




UNITED STATES OF AMERICA,                             )
                                                      )
                  v.                                  )        Criminal Action No. 20-10130-FDS
                                                      )
ELIJAH BUOI,                                          )
                                                      )
                           Defendant                  )


                                   ORDER PUSUANT TO 18 U.S.C. § 3006A(f)

                                                       July 30, 2020


Hennessy, M.J.

         Following submission of a financial affidavit, an amended financial affidavit, and bank

statements, and a sealed ex parte hearing on July 29, 2020, the court finds that Defendant Elijah

Buoi is currently unable to directly pay the costs required to retain counsel. 1 Accordingly, the

court’s provisional appointment of the Federal Public Defender is hereby ordered permanent.

         However, the court further finds that Mr. Buoi has sufficient resources and income from

which he can make payments in the amount of TWO HUNDRED DOLLARS A MONTH

($200.00) towards a fund that will ultimately be used to partially compensate counsel who are

appointed pursuant to 18 U.S.C. § 3006A. Accordingly, pursuant to 18 U.S.C. § 3006A(f), the

court hereby orders as follows:

    1. By no later than the last business day of each month while this case is pending, and



1
  Counsel noted that the original affidavit contained estimates only and required fine tuning, given that counsel’s
initial meeting with Mr. Buoi was virtual and abbreviated to accommodate the court’s attempt to conduct timely
initial appearances virtually in the time of the Covid-19 pandemic.

                                                          1
         Case 1:20-cr-10130-FDS Document 44 Filed 07/30/20 Page 2 of 3



       beginning on August 31, 2020, Defendant shall mail by first class mail or hand-deliver a

       check for $200 to the Clerk’s Office, U.S. District Court, 1 Courthouse Way, Boston,

       Massachusetts 02210. The check shall be made payable to “Clerk, U.S. District Court,”

       and on the check shall be noted the docket number of this case, which is 20-10130-FDS,

       and the words, “CJA payment.”

   2. Defendant shall provide timely proof to his supervising probation officer at the Pretrial

       and Probation Services Department each month until this matter is concluded that a check

       in compliance with this order has been mailed or hand-delivered.

   3. Defendant may, by motion, seek modification of this order based on changed

       circumstances.

   4. The Clerk’s Office is directed to mail a copy of this order to Defendant at the address

       appearing on the Pretrial Services Report by certified mail, return receipt requested, and

       shall forward copies of the order to the Pretrial Services and Probation Department and

       the court’s accounting department.

   5. If Mr. Buoi’s business resumes operation and he has three consecutive months of income

       of $8,000 or more, then on the first business day following such three consecutive

       months, Mr. Buoi shall file ex parte and under seal an amended financial affidavit.

   6. This order is subject to Section 210.40.30(d) of the CJA Guide authorizing a court to

       order in appropriate cases a defendant to pay for some or all costs of representation. See

       CJA Guide at § 210.40.30(d).

   7. Mr. Buoi’s motion to vacate my order requiring a supplemental financial affidavit is

       GRANTED.

This order shall be an added condition of Defendant’s release pending trial. Failure to comply



                                                2
          Case 1:20-cr-10130-FDS Document 44 Filed 07/30/20 Page 3 of 3



with any portion of this order may result in revocation of the court’s appointment of counsel.

It is so ordered.

                                                            /s/ David H. Hennessy
                                                            David H. Hennessy
                                                            U.S. Magistrate Judge




                                                3


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