IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: PETITIONS FOR RETROACTIVE
APPLICATION OF NOVEMBER 1, 2007
AMENDMENT TO CRACK COCAINE
OFFENSE LEVEL GUIDELINES
ADMINISTRATIVE ORDER
Pursuant to the Criminal Justice Act at 18 U.S.C. §3006A(a)(1) and (c),
the Office of the Federal Public Defender for the District of Delaware is hereby
appointed to represent any defendant, previously determined to have been entitled to
appointment of counsel, or who has been incarcerated continually for more than
18 months, to determine whether or not that defendant may qualify to seek reduction
of sentence, and to present any motions or applications for reduction of sentence,
in accordance with the revised base offense levels for crack cocaine at §2D1.1 of the
United States Sentencing Guidelines. After the initial determination of eligibility
under U.S.S.G. §2D1.1, the Federal Public Defender will contact any Criminal Justice
Act Panel Attorney who was previously appointed in the case, and determine whether
that Criminal Justice Act Panel Attorney wishes to take up the representation of the
client. If prior counsel wishes to continue his representation, the Federal Public
Defender shall file a motion asking that the Criminal Justice Act Panel Attorney be
appointed as counsel for all future proceedings. If, however, the Criminal Justice Act
Panel Attorney is no longer available, or if he or she declines the case, the Office of
the Federal Public Defender will continue its representation of the client. Should the
Office of the Federal Public Defender determine that there is a conflict with regard to
the representation of a particular defendant, the Defender shall inform the Clerk of the
Court, and the Clerk shall appoint counsel from the Criminal Justice Act Panel.
All motions and pleadings seeking a sentence reduction or in opposition to such
reduction shall be filed in the original criminal proceeding. 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.
SO ORDERED:
United States District Court
District of Delaware
DATED: February 5, 2008
