IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DECO 5 2022
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In Re: Petitions for Retroactive ) · LOUIS OFF/CE
Application of United States ) Administrative Order No. 148
Sentencing Guidelines 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 Order No. 148,
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 defendants who file such
motions. 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
