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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
In re: Administrative Orders of the Chief Judge Case No. 3:21-mc-1-TJC
ORDER REGARDING AMENDMENT 821 TO THE
UNITED STATES SENTENCING GUIDELINES
Effective November 1, 2023, Part A and Part B, subpart 1, of Amendment
821 of the United States Sentencing Guidelines retroactively revises certain
criminal history point calculations under the Guidelines. Under the Criminal
Justice Act, 18 U.S.C. § 3006A (CJA), the Office of the Federal Defender is
authorized and appointed to represent any defendant who was sentenced in the
Middle District of Florida and is potentially eligible for a reduced sentence under
18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 because of Amendment 821. Such
appointment does not extend to cases where other counsel has already been
retained. The appointment will terminate upon the court’s ruling or the
conclusion of the appellate process, unless otherwise ordered by the court.
As soon as reasonably practical after determining a defendant may be
eligible for relief because of Amendment 821, the U.S. Probation Office shall
prepare and file a memorandum, with service to the Office of the Federal
Defender and the U.S. Attorney’s Office, addressing the defendant’s eligibility.
The memorandum must also include: (a) a proposed calculation of the new
guideline range; (b) whether the court previously granted a substantial
assistance motion under U.S.S.G. § 5K1.1 or Rule 35(b) of the Federal Rules of
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Criminal Procedure, and, if so, the percentage of any downward departure from
the lowest point of the original guidelines range and a comparable departure
from the lowest point of the new guideline range; (c) the defendant’s place of
incarceration; (d) the defendant’s institutional adjustment; (e) the defendant’s
anticipated release date; and (f) any public safety concerns. If the Probation
Office determines that a defendant is not eligible for relief under 18 U.S.C. §
3582(c)(2) and U.S.S.G. § 1B1.10 because of Amendment 821, then the Probation
Office shall file a memorandum explaining the basis for that determination.
No later than 45 days after the Probation Office files an Amendment 821
memorandum, the Federal Defender shall determine whether a conflict prevents
that office from representing the defendant and, if so, inform the court and
suggest substitution of counsel. If no conflict exists, the Federal Defender shall
evaluate the defendant’s eligibility for relief under Amendment 821.
If the Federal Defender determines that it will not pursue relief on the
defendant’s behalf, it shall file a notice advising the court (using the CM/ECF
event “Notice – Amendment 821”) and inform the defendant and take any
appropriate steps to comply with the applicable rules of professional conduct.
If the Federal Defender determines that a defendant is eligible for relief, it
shall notify the Probation Office and the U.S. Attorney’s Office. After conferring
with the U.S. Attorney, the Federal Defender shall file an unopposed motion for
relief (using the CM/ECF event “Motion to Reduce Sentence – Amendment 821”),
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if appropriate, or an opposed motion for relief that identifies the disputed issues.
The U.S. Attorney shall have 21 days from service of an opposed motion to file
a response. In any case in which a defendant’s eligibility for relief is disputed,
the Federal Defender and the United States shall confer in a good faith effort to
attempt to resolve any disagreements regarding the defendant’s eligibility and
suitability for relief and the extent of such relief under § 3582 and USSG §
1B1.10 based on Amendment 821.
Unless otherwise ordered, the procedures set forth in this order also apply
to defendants who file pro se motions and defendants with retained or CJA
counsel appointed because of a Federal Defender conflict.
DONE AND ORDERED in Jacksonville, Florida on October 31, 2023.
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