IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
IN RE MOTIONS FOR THE RETROACTIVE DISTRICT COURT GENERAL
APPLICATION OF AMENDMENT 821 ORDER 2023-6
TO THE SENTENCING GUIDELINES
In anticipation of the retroactive application of Amendment 821 to the United States
Sentencing Guidelines, the Court directs that the following procedure be used:
Pursuant to the Criminal Justice Act, 18 U.S.C. §§ 3006A(a)(1) and (c), the Office of the
Federal Public Defender for the District of Colorado (“Federal Public Defender”) is hereby
appointed to represent any defendant convicted in this District, who was previously determined
to have been entitled to appointment of counsel or who is now indigent, to determine whether the
defendant is eligible for a reduction of sentence and to seek relief in accordance with 18 U.S.C.
§ 3582(c)(2) and the 2023 Criminal History Amendments to the Sentencing Guidelines, Part A
(Status Points under § 4A1.1) and Part B (Zero-Point Offenders), made retroactive by
Amendment 821.
Should the Federal Public Defender conclude that it cannot undertake the representation
described in this Order, whether due to conflict or capacity, a member of the Criminal Justice Act
Panel shall be appointed to represent the defendant.
The Clerk’s Office shall promptly notify the Federal Public Defender of all pro se
motions, petitions, or requests seeking a sentence reduction which relate to Amendment 821.
These pro se filings will be reviewed by the Federal Public Defender and timely addressed in the
manner described above.
For purposes of determining eligibility and preparing sentence-reduction motions, the
Court authorizes the United States Probation Office for the District of Colorado to disclose
Presentence Investigation Reports, Judgments in a Criminal Case, and Statements of Reasons to
the Federal Public Defender, CJA counsel, or privately retained counsel. The Probation Office
also is authorized to provide the Office of the Federal Public a complete list, generated by the
Probation Office’s data quality analyst from the PACTS database, of all known defendants who
(1) were assigned zero total criminal history points, or (2) received criminal history points under
U.S.S.G. § 4A1.1(d), and who are still incarcerated.
All motions for a sentence reduction shall be filed in the original criminal case. In the
event that the presiding judge in the original proceeding is no longer serving as a judge in this
District, the case shall be reassigned on a random basis under D.C.COLO.LCrR 50.1.
Dated at Denver, Colorado this 26th day of September, 2023.
BY THE COURT:
___________________________
PHILIP A. BRIMMER
Chief United States District Judge
