FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Nov 06, 2020, 4:31 pm
Michelle Rynne, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN RE: MOTIONS FOR
COMPASSIONATE RELEASE DURING
THE COVID-19 PANDEMIC
NOVEMBER 6, 2020 TEMPORARY GENERAL ORDER
REGARDING MOTIONS FOR COMPASSIONATE RELEASE
DURING THE COVID-19 PANDEMIC
On December 21, 2018, the FIRST STEP Act was signed into law. The
FIRST STEP Act amended 18 U.S.C. § 3582(c)(1)(A) to permit a defendant to
request compassionate release from a federal court as permitted by law. Under the
provisions of the Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A, and in the
interests of justice, the court issues this Order to ensure that motions for
compassionate release are timely and efficiently addressed to fulfill the purposes of
the FIRST STEP Act.
The Federal Public Defender’s Office for the District of Hawaii (“the FPD”)
is hereby appointed to represent a defendant, and file a motion on behalf of that
defendant, pursuant to section 3582(c)(1)(A). Should the FPD determine that it
cannot undertake representation under this Order, whether due to a conflict of
interest or capacity, a member of the District of Hawaii Criminal Justice Act Panel
shall be appointed to represent the defendant.
Further, if a defendant files a pro se motion with the court pursuant to
section 3582(c)(1)(A), the FPD will make efforts to contact that defendant to
determine if the FPD or CJA counsel should represent that defendant, including the
filing of any supplemental motion. The United States Attorney’s Office (“the
USAO”) must also promptly notify the FPD of pro se filings seeking relief so the
FPD can satisfy its obligations under this Order. Further, this order does not
require the FPD or CJA counsel to represent any defendant seeking representation.
Instead, the FPD and CJA counsel shall exercise sound discretion to determine
whether to represent any particular defendant in filing a section 3582(c)(1)(A)
motion.
Any defendant not previously represented by the FPD or CJA counsel will
need to complete a financial affidavit. Defense counsel may sign a financial
affidavit on behalf of a defendant, after receiving that defendant’s consent.
Upon request, the United States Probation Office is authorized to disclose a
defendant’s Presentence Investigation Report, any Bureau of Prisons Sentry
Report, or any other relevant records to the FPD, CJA counsel, and the USAO for
the purpose of determining eligibility for compassionate release.
This Order supersedes the court’s April 21, 2020 Temporary General Order
Regarding Motions for Compassionate Release During the COVID-19 Pandemic
and will remain in effect until repealed by the court.
ORDERED ON BEHALF OF THE COURT:
DATED: Honolulu, Hawaii, November 6, 2020.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
In Re: Motions for Compassionate Release During the COVID-19 Pandemic, November 6, 2020
Temporary General Order Regarding Motions for Compassionate Release During the COVID-19
Pandemic
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