UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
STANDING ORDER RE: PETITIONS FOR RETROACTIVE APPLICATION OF
SENTENCING GUIDELINES AMEND:rvtENT 821
l. Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. § 3006A(a)(l)
and (c), the Office of the Federal Public Defender for the District of Connecticut is
hereby appointed to i:epresent any defendant previously determined to have been
entitled to appointment of counsel, or who was previously represented by retained
counsel and is presently indigent, to determine whether that defendant may qualify to
seek reduction of sentence under 18 U.S.C. § 3582(c)(2) in accordance with the 2023
criminal history amendment, Amendment 821. See USSG Section l Bl.IO(d) & (e).
2. The United States Probation Office and the Clerk's Office are authorized to disclose
Presentence Investigation Reports (PSRs) and Statements of Reasons to the Office of
the Federal Public Defender for the purpose of determining eligibility for relief; and for
determining whether a conflict of interest precludes the Federal Public Defender from
representing a client. The United States Probation Office is similarly authorized to
disclose the aforementioned documents to the U.S. Attorney's Office and, in the event
the Federal Defender's Office has a conflict of interest, to assigned defense counsel. In
accordance with Federal Bureau of Prisons policy, no Presentence Investigation
Reports or Statements of Reasons will be provided to inmates.
3. The United States Probation Office shall independently review cases included on the
Sentencing Commission's potential eligibility lists to identify defendants who may be
eligible for relief and shall bring eligible cases to the Court's and parties' attention by
filing an addendum to the defendant's PSR. When the United States Probation Office
has filed an addendum to a PSR for a defendant recommending eligibility for a sentence
reduction, together with a copy of this Standing Order, the defendant will have 21 days
to respond, and the government will then have 14 days to respond to both submissions,
subject to paragraphs 4 through 7 below.
4. In the situation where a defendant files a motion and the Probation Office has not
already filed an addendum to that defendant's PSR, the Probation Office will file an
addendum to the PSR and a copy of this standing Order within 14 days of the filing of
the motion; thereafter, the defendant will have 21 days after the filing of the addendum
to respond, and the government will then have 14 days to respond to both submissions.
5. Prior to filing an addendum to the PSR, the Probation Office shall notify the Office of
the Federal Public Defender, which shall either confirm that the defendant has counsel
who will be representing the defendant or advise the Clerk's Office that CJA counsel
should be appointed. In situations where CJA counsel previously represented the
defendant and will continue to do so, such counsel must file a motion for
reappointment.
6. Where a defendant will be represented by CIA counsel, the 21-day period referred to
in paragraphs 3 and 4 will commence running (a) in a case where CIA counsel
previously represented the defendant and will continue to do so, when the motion for
reappointment is granted, and (b) in a case where new CJA counsel must be appointed,
when new CJA counsel has been appointed and has filed an appearance.
7. Notwithstanding the timing requirements set forth above, if the Probation Office files
an addendum to the PSR on or after February 1, 2024 recommending eligibility for a
sentence reduction and illlillediate release, the parties will have 7 days after the filing
of the addendum to respond. In this situation, CJA counsel appointed or reappointed
after such an addendum is filed must respond no later than 7 days after appointment or
reappointment.
8. If no obj~ctions are filed by the parties by the deadlines outlined above, the Court may
issue an order to reduce the sentence pursuant to 18 U.S.C. § 3582(c)(2) with an
effective date on or after February 1, 2024. In any event, the Court may rule on
retroactive sentence reduction motions at any time, but the Court shall not order a
reduced term of imprisonment based on Part A or Part B of Subpart 1 of Amendment
82 1 unless the effective date of the Court's order is February 1, 2024 or later.
It is so ordered.
Dated this 30th day of November 2023, at Hartford, Connecticut.
/s/ Michael P. Shea
Michael P. Shea
Chief_U.S. District Judge
