IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELA WARE
IN RE: PETITIONS FOR RETROACTIVE
CONTROLLED SUBSTANCE SENTENCE REDUCTIONS
UNDER U.S.S.G. AMENDMENTS 782 AND 788,
EFFECTIVE NOVEMBER 1, 2014
ADMINISTRATIVE ORDER
Pursuant to the Criminal Justice Act at 18 U.S.C. §3006A(a)(l) 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 offense levels for controlled substances at U.S.S.G.
Amendments 782 and 788, effective November 1, 2014.
After the initial determination of eligibility under Amendments 782 and 788, the Federal
Public Defender shall 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 or her
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 Court, and the Clerk shall appoint
counsel from the Criminal Justice Act Panel.
All motions and pleadings seeking a sentence reduction under Amendments 782 and 788,
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:
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LEONARD P. STARK, Chief Judge
United States District Court
for the District of Delaware
Dated:
