IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF DELAWARE t
IN RE: PETITIONS FOR RETROACTIVE
COCAINE BASE SENTENCE REDUCTION
UNDER U.S.S.G. § IB1.10, AMENDMENT 750,
EFFECTIVE NOVEMBER 1,2011
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ADMINISTRATIVE ORDER
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Pursuant to the Criminal Justice Act at 18 U.S.C. §3006A(a)(l) and (c), the
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Office ofthe Federal Public Defender for the District ofDelaware is hereby appointed t
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to represent any defendant, previously determined to have been entitled to
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appointment of counsel, or who has been incarcerated continually for more than 18
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months, to determine whether or not that defendant may qualify to seek reduction of I,
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sentence, and to present any motions or applications for reduction of sentence, in r
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accordance with the revised offense levels for cocaine base at U.S.S.G. §lBl.IO, [
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Amendment 750, effective November 1,2011.
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After the initial determination ofeligibility under Amendment 750, 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 ofa particular defendant, the Defender shall inform the Clerk ofCourt,
and the Clerk shall appoint counsel from the Criminal Justice Act Panel.
All motions and pleadings seeking a sentence reduction under Amendment 750,
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 ofthe Bench ofthis District, the case shall be reassigned on a random basis.
SO ORDERED:
tates District Court
for the District of Delaware
Dated: ..J """'- II, 1.-t' I Y
