FILED
OCT 3O 2023
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IN THE UNITED STATES DISTRICT COURT
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FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN RE: )
PROCEDURES FOR PROCESSING )
MOTIONS FILED UNDER ) Administrative Order No. 362
AMENDMENT 821 OF THE UNITED )
STATES SENTENCING GUIDELINES. )
ADMINISTRATIVE ORDER
On April 27, 2023, the United States Sentencing Commission submitted to
Congress Amendment 821, which revises how two criminal history provisions in the
federal sentencing guidelines calculate an offender's criminal history. Part A of
Amendment 821 addresses status points; Part B applies to defendants with zero criminal
history points.
On August 24, 2023, the Commission voted to give Parts A and B of Amendment
821 retroactive effect, with a requirement that individuals could not be released from
federal custody pursuant to Amendment 821 prior to February 1, 2024.
Parts A and B of Amendment 821 take effect on November 1, 2023, absent
Congressional action. The United States Sentencing Commission has provided the
undersigned with a list of individuals the Commission believes may be eligible for a
reduced sentence pursuant to Parts A and B of Amendment 821. To ensure the efficient
adjudication of motions for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), the
Court ORDERS the following:
1. While individuals are not entitled to the appointment of counsel for motions
brought under Section 3582, as a service to the affected individuals and having
agreed to take appointments, the Federal Public Defender's Office ("FPO") is
appointed generally in all criminal cases arising in this district under 18 U.S.C.
§ 3582, where an individual seeks counsel and financially qualifies for such
appointment.
2. The Court will notify the FPO of all pro se motions filed in criminal cases in this
dislTict seeking a sentence reduction pursuant to Amendment 821, regardless
of the nomenclature the individual uses in the document. The FPO shall enter
an appearance within seven days of such notice.
3. Should an individual contact the FPO directly, that office may enter an
appearance if the FPO determines the motion would not be frivolous.
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4. Any individual not previously represented by the FPO or a CJA panel attorney
must complete a financial affidavit using the CJA 23 form. The presiding judge
will review the financial affidavit to determine the individual's eligibility for
the appointment of the FPO. In addition, previously appointed counsel may
file a motion on behalf of his or her client if the attorney voluntarily agrees to
the representation without payment from the Criminal Justice Act and if
counsel determines the motion would not be frivolous. Retained counsel shall
follow the deadlines set forth in this Order for the FPO.
5. Should there be a conflict of interest between anyone seeking representation
and the FPO, the Court shall be notified in writing.
6. Upon defense counsel's entry of appearance, the United States Probation Office
("USPO") and the Clerk of Court are authorized to disclose copies of all
judgments, presentence investigation reports, addenda, statements of reasons,
and other relevant documents to the FPO and the United States Attorney's
Office ("USAO") for the purpose of determining eligibility for a reduced
sentence.
7. Within 21 days of entering an appearance, the FPO shall file either a motion for
a reduced sentence or a motion to withdraw, if the FPO determines that the
request is frivolous.
8. If the FPO moves to withdraw, a copy of the motion shall be sent to the
individual's last known address. That individual shall have 30 days from the
date of service to respond to a motion to withdraw.
9. The United States shall respond to any motion to reduce a sentence by a
defense attorney within 21 days.
10. The presiding judge in his or her discretion may order defense counsel to
submit a reply brief.
11. Requests for additional time will be considered on a case-by-case basis.
12. All Section 3582(c)(2) motions subject to this Order shall be assigned to the
initial sentencing Judge, or if not available, by reassignment through the Chief
Judge.
13. Motions filed by individuals who were not sentenced in this district will be
directly assigned in equal shares to Chief Judge Nancy J. Rosenstengel and
Senior District Judge J. Phil Gilbert.
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14. Whether or not an individual is represented by counsel, the presiding judge
will carefully review each motion to determine if a sentence reduction is
warranted under the law.
IT IS SO ORDERED.
DATED: October 30, 2023
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
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