IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
IN RE: FIRST STEP ACT OF 2018 (Dec. 21, 2018), APPLICATION OF FAIR
SENTENCING ACT.
STANDING ORDER 18-4
Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. § 3006A(a)(1)
and (c), the Office of the Federal Public Defender for the District of Kansas is hereby
appointed to represent any defendant previously determined to have been entitled to
appointment of counsel, or who is now indigent, to determine whether that defendant
may qualify to seek reduction of sentence and to present any motions or applications
for reduction of sentence in accordance with Section 404 of the First Step Act of 2018,
which retroactively applies the Fair Sentencing Act of 2010.
The United States Probation Office for the District of Kansas and the United States
District Court Clerk’s Office for the District of Kansas are authorized to disclose
Presentence Investigation Reports (“PSIRs”), Judgments in a Criminal Case
(“JCCs”), including sealed JCCs, and Statements of Reasons (“SORs”) to the Federal
Public Defender’s Office for the purpose of determining eligibility for relief, and for
determining whether a conflict of interest precludes the Federal Public Defender from
representing a client. Should the Federal Public Defender determine that there is a
prohibitive conflict in which the prospective client’s interests are materially adverse
to those of a current or former client with regard to representation of a defendant in
the litigation, the Court shall be notified and the Clerk of the Court is authorized to
appoint a member of the Criminal Justice Panel of this District. In accordance with
Federal Bureau of Prisons policy, no PSIRs, JCCs, or SORs will be provided to
inmates.
IT IS SO ORDERED
Dated: January 3, 2019
S/ Julie A. Robinson
JULIE A. ROBINSON
CHIEF UNITED STATES DISTRICT JUDGE
