FILED
DEC O 5 2022
IN THE UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS sour::,.Ns�!t1�grgi:��NOIS
In Re: Petitions for Retroactive )
Application of Amendment to ) Administrative Order No. 102
Sentences Previously Imposed for )
Certain Crack Cocaine Convictions )
FIRST AMENDED ADMINISTRATIVE ORDER
In light of Seventh Circuit precedent, including United States v. Tidwell, 178 F .3d 946,
949 (7th Cir. 1999), which held that a proceeding under 18 U.S.C. § 3582(c) is not an
ancillary proceeding mandating counsel under 18 U.S.C. § 3006A(c), and United States v.
Blake, 986 F.3d 756 (7th Cir. 2021), as well as recent administrative guidance from the
Seventh Circuit Court of Appeals, the Court VACATES Administrative Orders Nos. 102,
103, and 104, which delineate procedures for handling motions for sentencing reductions
based on the retroactive application of the United States Sentencing Guidelines and
appoint the Federal Public Defender to represent potentially eligible defendants. Going
forward, each presiding judicial officer will review and resolve motions as they are filed
and may recruit pro bono counsel to represent any indigent defendant, but shall not
appoint counsel paid at public expense, including the Federal Public Defender and
Criminal Justice Act panel attorneys.
IT IS SO ORDERED.
DATED: December 5, 2022
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
