IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
IN RE: PETITIONS FOR APPLICATION OF RETROACTIVE 2023 CRIMINAL
HISTORY AMENDMENTS TO THE SENTENCING GUIDELINES
STANDING ORDER NO. 23-03
Under the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1) & (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 seek relief in accordance with 18 U.S.C. § 3582(c)(2) and
the 2023 Criminal History Amendments to the Sentencing Guidelines, including Part
A (Status Points under § 4A1.1) and Part B (Zero-Point Offenders), made retroactive
by recent amendment.
The United States Probation Office for the District of Kansas and the United
States Clerk’s Office for the District of Kansas may disclose Presentence Investigation
Reports, Judgments in a Criminal Case, including sealed Judgments, Statements of
Reasons, Motions for Departure based on Substantial Assistance, documents filed in
the Restricted Document Folder under Local Rule CR49.6.1, and other documents
necessary for the Federal Public Defender’s Office to determine whether particular
defendants are eligible for a sentence reduction under the retroactive amendments,
and to determine whether a conflict exists that would preclude the Federal Public
Defender from representing a defendant.
Should the Federal Public Defender determine that a prohibitive conflict exists
in which the prospective client’s interests are materially adverse to those of a current
or former client, the Court shall be notified and the Court may appoint a member of
the Criminal Justice Panel of this District to represent the affected defendant.
IT IS SO ORDERED
8/28/2023
Dated: ____________
_________________________
Eric F. Melgren
Chief United States District Judge
