FILED
IN THE UNITED STATES DISTRICT COURT ~ . 2015
FOR THE SOUTHERN DISTRICT OF ILLINOIS '
CLERK, U.S. DISTRICT COURT
SOUTHERN DISTRICT OF lUJNOI®
In Re: Petitions to Vacate, Set Aside, EASTST. L0UI8 OFFICE
Or Correct Sentences (and Related
Motions) Based on United States No. 17^3
Supreme Court's 2015 Decision in
Johnson v. United States.
ADMINISTRATIVE ORDER
Reagan, Chief Judge:
Under the Armed Career Criminal Act, a felon who unlawfully possesses a
firearm in violation of18 U.S.C. § 922(g)(1) is subject to steeply enhanced penalties if he
has three prior convictions for a violent felony or serious drug offense. The ACCA's
definition of violent felony contained subsections referred to as the "elements clause,"
the "enumerated-crimes clause," and the "residual clause." A prior convicHon can
qualify as a violent felony under any of these clauses. On June 26, 2015, the Supreme
Court declared the residual clause of the ACCA unconstitutionally vague and held that
an increased sentence under the residual clause violates the right to due process.
Johnson v. United States, - U.S. ~,135 S. Ct. 2551 (2015). Johnson applies retroactively
to cases on collateral review. Price v. United States, 795 F.3d 731,734 (7'^ Cir. 2015).
In the wake of Johnson, defendants have begun filing motions to reduce their
sentences - whether via motions in their closed criminal cases or, more appropriately,
petitions to vacate/correct sentence under 28 U.S.C. § 2255. The Court anticipates
voluminous filings and finds that counsel will be needed to assist defendants seeking
relief under Johnson. Rule 8(c) of the Rules Governing Section 2255 Proceedings
mandates that counsel be appointed for a § 2255 petitioner ifan evidentiary hearing will
be held (assuming the petitioner financially qualifies for appointed counsel). 18 U.S.C.
§3006A(a)(2) provides that whenever the court "determines that the interests ofjustice
so require," representation may be provided for any financially eligible defendant
seeking relief under 28 U.S.C. §2255. Additionally, the Federal Public Defender's Office
for the Southern District of Illinois has expressed its willingness to enter an appearance
on behalf of eligible defendants.
The Court hereby ORDERS that the Federal Public Defender's Office for the
Southern District of Illinois shall be appointed to handle Johnson-based motions to
vacate or correct sentence. The U.S. Probation Office for the Southern District of Illinois
is AUTHORIZED to disclose defendants' Presentence Investigation Reports (PSRs) to
counsel. Counsel shall not distribute the PSRs or related documents further unless
specifically ordered by this Court.
IT IS SO ORDERED.
September . 2015.
Michael J. Rea^n
Chief Judge
United States District Court
