FILED
IN THE UNITED STATES DISTRICT COURT
DEC O 5 2022
CLERK, U.S. DJSTRICT COU
FOR THE SOUTHERN DISTRICT OF ILLINOIS SOUTHERN DISTR ICT OF ILLINRT
EAST ST. LOUIS OFFICE OIS
In Re: First Step Act of 2018 )
Application of the Fair Sentencing Act ) Administrative Order No. 234
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 Order No. 234,
which delineates procedures for handling motions for sentencing reductions based on the
retroactive application of the United States Sentencing Guidelines and authorizes the
Federal Public Defender to enter an appearance on behalf of 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 authorize 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
