UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
)
IN THE MATTER OF: ) No. 23-mc-00001
)
APPOINTMENT OF CJA COUNSEL FOR ) GENERAL ORDER /
CERTAIN DEFENDANTS SEEKING ) ADMINISTRATIVE POLICY
SENTENCE REDUCTIONS ) 2023-33
)
)
GENERAL ORDER
To the extent this Order differs from other orders of the Court on this subject, this Order
supersedes and replaces those orders.
On September 4, 2014 and June 26, 2020, respectively, this Court issued orders appointing
counsel for all indigent defendants pursuing sentence reductions under Amendment 782 of the
United States Sentencing Guidelines and Section 404 of the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194 5222 (2019). Because Seventh Circuit caselaw holds that the Criminal
Justice Act does not provide courts authority to appoint counsel under these circumstances, United
States v. Foster, 706 F.3d 887 (7th Cir. 2013), counsel will no longer be appointed as a matter of
course for all indigent defendants pursuing sentencing reductions.
Accordingly, the Court's orders of September 4, 2014 and June 26, 2020 are VACATED.
SO ORDERED.
For the Court,
Date: 9/21/2023
