IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
In the matter of
MISCELLANEOUS
APPOINTMENT OF COUNSEL
AND PROCEDURES FOR GENERAL ORDER 20-30
COMPASSIONATE RELEASE
MOTIONS EFFECTIVE
OCTOBER 8th, 2020
This Miscellaneous General Order supersedes 1 the Court’s Miscellaneous General
Order 20-14, which appointed counsel for compassionate release motions filed by defendants
under 18 U.S.C. § 3582(c)(1)(A).
On December 21, 2018, the President signed into law the First Step Act of 2018, Pub. L.
No 115-391, 132 Stat. 5194 (2018), which revised 18 U.S.C. § 3582(c)(1) to allow certain
defendants to seek a reduction of their federal sentences. Specifically, defendants may now file
motions for compassionate release with district courts after exhausting their administrative
remedies. The Office of the Federal Public Defender for the District of Alaska (“FPD”) reports
that it has been contacted by numerous federal defendants who wish to file motions for
compassionate release in the District of Alaska pursuant to 18 U.S.C. § 3582(c)(1)(A).
On April 22, 2020, the Court issued Miscellaneous General Order 20-14, which
appointed the FPD to represent defendants moving for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A). Specifically, pursuant to the provisions of the Criminal Justice Act, 18 U.S.C.
§ 3006A(a)(1) and (c), and because of the need to process motions or petitions efficiently, the
Court appointed the FPD to represent any defendant previously determined to have been entitled
to appointment of counsel, or who was previously represented by the FPD at the district court
level through the completion of sentencing, or who is now indigent, to determine whether the
defendant is eligible to petition the Court for compassionate release in accordance with 18
U.S.C. § 3582(c)(1)(A) and to file any petitions, motions, or applications relating thereto.
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Changes from Miscellaneous General Order 20-14 are identified in bold and italics.
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Due to the increasing number of compassionate release motions filed by pro se
defendants in this District and other conflicts, the FPD has been unable to represent every
defendant seeking compassionate release. Instead, attorneys serving on the Criminal Justice
Act Panel for the District of Alaska (“CJA Attorneys”) have also been appointed to evaluate pro
se compassionate release motions and to file any petitions, motions, or applications relating
thereto.
Regardless of whether appointed counsel is from the FPD or is a CJA Attorney, however,
pro se compassionate release motions remain pending before the Court, without an amended
motion being filed, for various reasons, including communication barriers between defendants
and appointed counsel and delays in obtaining defendants’ records from the Bureau of Prisons
(“BOP”). Therefore, to increase judicial efficiency, conserve resources, and better manage the
docket, the Court adopts the following procedures in responding to compassionate release
motions:
1. Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1)
and (c), and because of the need to process motions or petitions efficiently, the Court appoints the
FPD to represent any defendant previously determined to have been entitled to appointment of
counsel, or who was previously represented by the FPD at the district court level through the
completion of sentencing, or who is now indigent, to determine whether the defendant is eligible
to petition the Court for compassionate release in accordance with 18 U.S.C. § 3582(c)(1)(A) and
to file any petitions, motions, or applications relating thereto. The Clerk’s Office will notify the
FPD within 2 days of the filing of a pro se motion or petition seeking compassionate release so
the FPD can assume timely representation, if appropriate.
2. In the event the FPD is unable to represent a defendant, the FPD may refer the case
to CJA Attorneys to be appointed to determine whether the defendant is eligible to petition the
Court for compassionate release and to file any petitions, motions, or applications relating thereto.
A CJA Attorney must file their notice of appearance relating to a compassionate release motion
within 2 days of the referral.
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3. Appointed counsel shall review and evaluate a defendant’s eligibility for
compassionate release and file either an amended motion for compassionate release, or a notice
that no amended motion will be filed, within 30 days of the notice of appearance.
4. The United States Probation Office for the District of Alaska and the Clerk’s Office
are authorized to disclose Presentence Investigation Reports, Modified Presentence Investigation
Reports, Statements of Reasons, Judgments, and any relevant sealed documents to the FPD or
appointed counsel to determine eligibility for compassionate release and preparing motions for
compassionate release.
5. To enable the FPD or other appointed counsel to determine eligibility and prepare
amended compassionate release motions, the Court directs the United States Attorney’s Office for
the District of Alaska to facilitate the process for appointed counsel to obtain the most recent and
relevant documents, including, but not limited to: the defendant’s medical records, progress report,
sentence computation form, financial responsibility form, inmate education data, disciplinary data,
and inmate profile. To the extent necessary, the appointed counsel will assist the defendant in
executing a release form authorizing BOP to disclose institutional records to appointed counsel.
6. If appointed counsel is unable to file an amended compassionate release motion
within 30 days of the notice of appearance because of delays outside the attorney’s control, then
appointed counsel shall file a status report stating such within 30 days of the notice of
appearance. At that time, counsel shall either request an extension of time, not to exceed 30
days, or voluntarily withdraw the pro se motion without prejudice to enable refiling of another
compassionate release motion once all records and information have been received.
7. Generally, the Government need not respond to a compassionate release motion
until appointed counsel files an amended motion or notice that none will be filed. The
Government then has 14 days to respond pursuant to Local Criminal Rule 47.1(c). However, on
the motion of a pro se defendant or appointed counsel, or sua sponte upon review of the pending
motion(s) for compassionate release and supporting record, the Court may set an expedited
briefing schedule. No reply may be filed unless requested by the Court, pursuant to Local
Criminal Rule 47.1(d).
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8. Extensions of time will be considered only upon a showing of good cause. It is
the intent of the Court that the procedures outlined herein will help efficiently resolve motions
for compassionate release. Setting anticipated timeframes and requiring response by the parties
will ensure that all compassionate release motions are addressed and resolved in a timely
manner.
DATED this 8th day of October, 2020.
/s/ Timothy M. Burgess
Hon. Timothy M. Burgess
Chief United States District Judge
Distribution:
District Judges Magistrate Judges
Clerk of Court U.S. Marshal
U.S. Attorney Federal Public Defender
Court Librarian U.S. Probation & Pretrial
Court Rules Atty CJA Panel Administrator
Bankruptcy Judge Clerk of Bankruptcy Court
Alaska Bar Assn Active Attorneys via ECF
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