IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
IN RE: FIRST STEP ACT OF 2018 DISTRICT COURT GENERAL
RETROACTIVE APPLICATION OF ORDER 2019 - 1
FAIR SENTENCING ACT OF 2010.
Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. §
3006A(a)(1) and (c), the Office of the Federal Public Defender for the District of
Colorado is hereby appointed to provide an initial advisement of the application of
the First Step Act to all defendants convicted in this District who may be eligible for
retroactive relief under Section 404 of the Act, and may pursue relief on behalf of
eligible defendants. In the event a conflict of interest prevents the Federal Public
Defender from continuing representation of a defendant, the Federal Public Defender
will seek appointment of counsel from the Criminal Justice Act Panel. Unless
representation is assumed by private counsel or counsel appointed under the
Criminal Justice Act, or if the defendant chooses to proceed pro se, the Office of the
Federal Public Defender shall present any request for reduction of sentence.
The Clerk’s Office shall promptly notify the Federal Public Defender of all pro
se motions for sentence reduction which relate to relief under Section 404 of the First
Step Act. Such requests will be reviewed by the Federal Public Defender and
addressed in the manner as described above.
The United States Probation Office for the District of Colorado is authorized to
disclose Presentence Investigation Reports, Judgments in a Criminal Case, and
Statements of Reasons to the Office of the Federal Public Defender, appointed
counsel, or privately retained counsel. The Probation Office is authorized to provide
the Office of the Federal Public Defender a complete list, generated by Probation’s
data quality analyst from the PACTS database, of all known defendants sentenced
for any crack cocaine offense on or before August 3, 2010 (the effective date of the
Fair Sentencing Act of 2010), whether still incarcerated or on supervised release.
All requests for sentence reduction, opposition to a reduction, or advisements
of such matters as are described above shall be filed in the original criminal case. In
the event the presiding judge in the original case is no longer a judge in this District,
the case shall be reassigned on a random basis pursuant to D.C.COLO.LCrR 50.1.
Dated this 11th day of January, 2019.
BY THE COURT:
Marcia S. Krieger
Chief United States District Judge
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