UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
)
IN THE MATTER OF: ) No. 23-mc-00001
)
MOTIONS SEEKING RETROACTIVE ) GENERAL ORDER /
APPLICATION OF AMENDMENT 821 TO THE ) ADMINISTRATIVE POLICY
UNITED STATES SENTENCING GUIDELINES ) 2023-41
)
)
GENERAL ORDER
Proposed Amendment 821 to the United States Sentencing Guidelines ("Amendment 821")
will go into effect on November 1, 2023, unless Congress rejects or modifies the Amendment
before that date. Once effective, Amendment 821 will reduce the impact of criminal history points
on certain criminal defendants' sentences and will apply retroactively to previously sentenced
defendants. The vehicle for seeking Amendment 821 relief will be by motion or petition filed
pursuant to 18 U.S.C. § 3582(c)(2). Although motions and proceedings for Amendment 821 relief
may occur beginning November 1, 2023, orders granting relief will not be effective until February
1, 2024.
To promote the efficient processing of motions for relief in any closed case as a result of
Amendment 821, the United States District Court for the Southern District of Indiana hereby
appoints the Office of the Indiana Federal Community Defenders to represent any currently
incarcerated defendant previously determined to have been entitled to appointment of counsel, or
who was previously represented by retained counsel and is presently indigent, to determine
whether that defendant may qualify for Amendment 821 relief. Any such appearance is voluntary
on the part of counsel initially, but the attorney-client relationship attaches upon appearance. Such
appointment will not prevent counsel from later seeking to withdraw from the representation.
Upon counsel’s appearance on behalf of a defendant seeking Amendment 821 relief, the
United States Probation Office for the Southern District of Indiana and the United States District
Court Clerk’s Office for the Southern District of Indiana are authorized to disclose to counsel,
without further order, case records including Presentence Investigation Reports, Judgments in a
Criminal Case, Statements of Reasons, criminal history records, and any sealed documents for
purposes of determining whether to file, or filing, a motion on behalf of any defendant. However,
this Order does not apply to and does not authorize disclosure of the United States Probation
Office’s sentencing recommendation.
SO ORDERED.
For the Court,
Date: 10/26/2023
