UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
ORDER
IN RE: MOTIONS FOR )
POST-CONVICTION RELIEF ) STANDING ORDER 2021-11
)
Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006(a)(1) and (c), the
Office of the Federal Public Defender for the District of Kansas is hereby appointed to represent
any indigent defendant who was previously convicted and sentenced in the District of Kansas to
determine whether that defendant may qualify for post-conviction relief pursuant to United States
v. Hisey, 12 F.4th 1231 (10th Cir. 2021) and United States v. Hilleland, 2021 WL 5561019 (10th
Cir. 2021), and if so, to assist the defendant in obtaining such relief. Should the Federal Public
Defender have a conflict that precludes representation for these limited purposes, attorneys serving
on the Criminal Justice Act panel may be appointed. This appointment is limited to cases affected
or potentially affected by the Tenth Circuit’s decisions in Hisey and Hilleland, and will terminate
upon a determination by appointed counsel that the defendant is not eligible for relief or, if eligible
for relief, upon exhaustion of the defendant’s postconviction remedies.
The U.S. Probation Office for the District of Kansas is authorized to disclose all necessary
documents, including Presentence Investigation Reports and Statements of Reasons to the Federal
Public Defender’s Office and the Criminal Justice Act panel for the purpose of determining
eligibility for relief. Upon request by the Office of the U.S. Attorney for the District of Kansas,
the U.S. Probation Office also shall provide copies of the Presentence Investigation Reports and
Statements of Reasons in these cases to the Office of the U.S. Attorney for the District of Kansas.
In accordance with Federal Bureau of Prisons policy, no Presentence Investigation Reports
will be provided to inmates.
SO ORDERED this 20th day of December 2021.
s/ Eric F. Melgren
ERIC F. MELGREN, CHIEF JUDGE
UNITED STATES DISTRICT COURT
