IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
IN RE: FIRST STEP ACT OF 2018 (Dec. 21, 2018), APPLICATION OF FAIR SENTENCING
ACT.
STANDING ORDER
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 represent any then unrepresented 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 a reduction of
sentence and to present any motions or applications for reduction of sentence in accordance with
Section 404 of the First Step Act of 2018.
The United States Probation Office for the District of Connecticut and the United States
District Court Clerk's Office for the District of Connecticut are authorized to disclose Presentence
Investigation Reports, Judgments in a Criminal Case, 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 U.S. Probation Office and the Clerk of the Court are authorized to provide the same
documents to the United States Attorney's Office or to any counsel retained by or appointed for a
client. In accordance with Federal Bureau of Prisons policy, no Presentence Investigation Reports
or Statements of Reasons will be provided to inmates. Should the Federal Public Defender
determine that there is a prohibitive conflict in which the prospective client's interests are
materially adverse to those of a current or former client with regard to representation of a defendant
in the litigation, the Clerk of the Court is authorized to appoint a member of the Criminal Justice
Panel of this District.
The U.S. Probation Office shall provide the Office of the Federal Public Defender a
complete list of all known defendants sentenced for any drug offense between October 26, 1986
and June 21, 2012 (the date of Dorsey v. United States, 132 S. Ct. 2321 (2012)), whether still
incarcerated or on supervised release.
The Court shall promptly notify the Federal Public Defender of all pending pro se motions
seeking relief under Section 404 of the First Step Act for retroactive application of the Fair
Sentencing Act so the Federal Public Defender can assume representation in a timely fashion. If
the Federal Public Defender or the United States Probation Office receives directly or otherwise
becomes aware of any such pending motions, that office shall so advise the Court. The Court also
will promptly notify the Federal Public Defender when any new motion under the First Step Act
for retroactive application of the Fair Sentencing Act is filed by an inmate pro se.
For purposes of determining whether to file, or filing, a motion on behalf of any defendant
in a closed criminal case seeking relief under Section 404 of the First Step Act for reduction of
sentence, the U.S. Probation Office and the Clerk of the Court are authorized without further order
to provide to the Office of the Federal Public Defender any records from the court file, including
the Presentence Report, Statement of Reasons, criminal history records, and any sealed documents,
with the exception that this order does not authorize disclosure of the sentencing recommendation.
The U.S. Probation Office and the Clerk of the Court are authorized to disclose the same
documents to the U.S. Attorney's Office or to appointed or retained counsel.
In the event that the sentencing Judge in the original proceeding is no longer a member of
the Bench of this District, the case shall be reassigned on a random basis.
IT IS SO ORDERED
Dated: January 15. 2019
/s/ Stefan R. Underhill
s1&nR. Underhill
CHIEF UNITED STATES DISTRICT JUDGE
United States Oistrict_Court
District of Connecticut
FILED AT NEW HAVEN \<\
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