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__RECEIVED __COPY
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2 NOVEMBER 8, 2023
3 CLERK US DISTRICT COURT
DISTRICT OF ARIZONA
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BY s/ M. Everette DEPUTY
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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In the matter of:
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APPOINTMENT OF THE FEDERAL
10 PUBLIC DEFENDER FOR THE
PURPOSE OF SCREENING REQUESTS GENERAL ORDER 23-20
11 FOR A SENTENCE REDUCTION
12 BASED ON AMENDMENT 821 TO THE
U.S. SENTENCING GUIDELINES
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Pursuant to 18 U.S.C. § 3006A(c) and in the Court’s discretion, the Court now issues
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the following order to facilitate processing of potential sentencing reductions under 18
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U.S.C. § 3582(c)(2) based on the retroactive application of Amendment 821 to the United
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States Sentencing Guidelines. Accordingly, IT IS HEREBY ORDERED:
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1. In all matters where a defendant convicted in the District of Arizona may be eligible
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for or wishes to pursue any request for a sentence reduction based on Amendment
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821 to the U.S. Sentencing Guidelines, the Office of the Federal Public Defender
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for the District of Arizona is hereby appointed for the purpose of consultation,
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screening, responding to defendant inquiries and, where appropriate, filing a motion
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or stipulation on behalf of that defendant unless a conflict of interest prevents the
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Federal Public Defender from doing so.
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2. The Federal Public Defender’s Office will determine:
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a. whether the defendant is potentially eligible for a sentence reduction under
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18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 based on Amendment 821;
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b. whether the United States Attorney for the District of Arizona will stipulate
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to the defendant’s eligibility for, and the extent of, any reduction based on
1 Amendment 821;
2 c. if the United States Attorney will not so stipulate, whether a motion for a
3 sentence reduction should be filed in the defendant’s case; and
4 d. whether a conflict of interest prevents the Federal Public Defender from
5 representing the defendant in connection with a request for an Amendment
6 821 sentence reduction.
7 3. Where the Federal Public Defender and the United States Attorney stipulate to the
8 defendant’s eligibility and the extent of the reduction based on Amendment 821, the
9 United States Probation Office for the District of Arizona need not prepare an
10 addendum unless requested by the assigned District Court Judge.
11 4. When the Federal Public Defender determines, upon review, that the defendant is
12 potentially eligible for a sentence reduction based on Amendment 821, the Federal
13 Public Defender is hereby appointed to represent that person, subject to the
14 qualifications described below.
15 5. When the Federal Public Defender determines, upon review, that the defendant is
16 potentially eligible for a sentence reduction based on Amendment 821, and that
17 conflict of interest prevents representation under paragraph 3, the Federal Public
18 Defender shall locate counsel to assist the defendant in seeking an Amendment 821
19 sentence reduction and file an appropriate motion in accordance with the CJA Plan
20 for the District.
21 6. If a defendant files a pro se request for an Amendment 821 sentence reduction, the
22 Clerk’s office will make reasonable efforts to provide the Federal Public Defender
23 with legible copies of the pro se filings so that those filings can be screened by the
24 Federal Public Defender.
25 7. In the case of pro se filings, the Federal Public Defender shall determine whether
26 the defendant’s pro se request would benefit from supplementation by counsel and
27 shall inform the Court whether the Federal Public Defender intends to supplement
28 the pro se filing. Where the Federal Public Defender informs the Court that the
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1 Federal Public Defender does not intend to supplement the pro se filing, the United
2 States Attorney’s Office will not be required to respond to the pro se filing unless
3 ordered by the assigned District Court Judge.
4 8. The United States Probation Office for the District of Arizona is hereby authorized
5 to disclose presentence investigation reports and statements of reasons for imposing
6 sentence to the Federal Public Defender’s Office so that it may assess the
7 defendant’s eligibility for the sentence reduction and determine whether there is a
8 conflict of interest.
9 9. The United States Attorney’s Office and the Federal Public Defender’s Office will
10 make their best efforts to use the reports they already have in their possession before
11 requesting copies from the United States Probation Office.
12 10. Pursuant to 5 U.S.C. § 552a(b)(11), the United States Attorney is hereby authorized
13 to collect records relevant to the determination of whether a defendant is eligible
14 for, and the extent of, a sentence reduction based on Amendment 821, from the
15 Bureau of Prisons and share them with the Federal Public Defender or with
16 appointed CJA counsel for purposes of carrying out the screening function and
17 representation described in this order. The Federal Public Defender and appointed
18 CJA counsel shall take measures to keep these records confidential and shall limit
19 the number of staff members who are permitted to view them.
20 Dated this 8th day of November, 2023.
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