The Law Mind

General Order 2019-5: In Re Motions to Vacate Convictions under 28 U.S.C. §2255

D. Colo. Standing Order — General Order 2019-5: In Re Motions to Vacate Convictions un

IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO IN RE: MOTIONS TO VACATE DISTRICT COURT GENERAL ORDER CONVICTIONS UNDER 28 U.S.C. §2255 2019-5 Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. §3006A(a)(1) and (c), and the discretion of the Court, the Office of the Federal Public Defender for the Districts of Colorado and Wyoming is hereby appointed to represent any defendant who: • on or after January 2, 2009, was adjudicated guilty of a violation of 18 U.S.C. § 922(g) and was either found eligible for appointment of counsel during the course of such representation or is now indigent, and • may qualify for federal habeas relief under 28 U.S.C. § 2255 in light of Rehaif v. United States, ___U.S. ___, 2019 WL 2552487 (June 23, 2019); and • is awaiting or serving a sentence imposed for such § 922(g) adjudication or other adjudications of guilt entered in the same case. In the event that a conflict of interest prevents the Federal Public Defender from continuing representation of a defendant, a defendant desires to be represented by retained counsel, or a defendant wishes to proceed pro se, the Federal Public Defender shall file a pleading so advising the Court. The Court will appoint CJA counsel if there is a conflict of interest. The Clerk’s office shall promptly notify the Federal Public Defender of all pro se motions requesting relief under Rehaif in cases where the defendant was adjudicated guilty of a violation of 18 U.S.C. § 922(g) on or after January 2, 2009. Such requests will be reviewed by the Federal Public Defender consistent with this Order. The United States Probation Office is authorized to disclose previously prepared pre- sentence reports to the defendant’s counsel, the Federal Public Defender, or CJA counsel. Dated at Denver, Colorado this 11th day of July, 2019. BY THE COURT: Philip A. Brimmer Chief United States District Judge 2
Official source: https://www.cod.uscourts.gov/Portals/0/Documents/Orders/GO_2019-5_Rehaif.pdf · retrieved 2026-07-23