UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
GENERAL ORDER NO. 2011-04
INRE: RETROACTIVE APPLICATION OF CRACK COCAINE AMENDMENT TO
FEDERAL SENTENCING GUIDELINES IMPLEMENTING THE FAIR
SENTENCING ACT OF 2010
This Court has established a procedure to review sentences of currently-incarcerated individuals that
may be subject to reduction in accordance with 18 USC§ 3582(c)(2) and the guidance provided in Section
1B 1.10 of the sentencing guidelines. The procedures are more particularly described in Addendum A to this
Order.
The Court will begin review with those cases closest to release or eligibility for release, assuming
they otherwise meet the consideration criteria. As a first step, the Probation Office will review each case
which the guidelines amendments may affect. Probation shall prepare an analysis of the amendment's impact
and a recommended reduced sentence, if appropriate.
The. appropriate judge will review, approve, or revise each recommendation. After that review, the
Clerk of Court will assure appointment of counsel for every defendant. The Court will forward the probation
analysis and the Court's recommendations to all counsel.
After such notice, each party will have 30 days to file objections or to request a hearing. If objections
are filed, the Court may schedule a hearing. If no objections are filed, the Court will enter an appropriate
amended judgment for the recommended sentence. No action will be effective prior to November 1, 2011.
IT IS SO ORDERED this J 2._ dayof ~ 2011.
ENtERED
THOMAS B. RUSSELL, CHIEF JUDGE
AUG 122011 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
ADDENDUM A
WESTERN DISTRICT OF KENTUCKY
CRACK COCAINE SENTENCE REVIEW PROCESS
(FAIR SENTENCING ACT)
(A) The Court will enter General Order (sec attached) describing the procedure for addressing
the crack cocaine amendment.
(B) The Probation Office will review the list of potentially eligible defendants; and, starting with
those cases closest to release or eligibility for release, prepare a recalculation memorandum.
The memorandum will attempt to address all issues relevant to a possible reduction under
the new amended guideline, implementing the Fair Sentencing Act.
(C) Probation will provide the original sentencing judge with the memorandum containing the
recalculation along with the original presentence repmt and the original Judgment for review
and consideration.
(D) The Memorandum ofRecalculation will contain a recommended sentence, given the revised
range to the Court. The Court will, after review of the documents, return the memorandum
to the probation office with comments or changes to the recommended sentence. The
probation oiTi.ce will make any recommended changes.
(E) The Clerk of Court will make certain that each defendant is represented by counsel, either
by assignment of the Federal Defender, a panel attorney or retained counsel.
(F) The Clerk of Court will forward the Memorandum of Recalculation, with a copy of the
original presentence report and Judgment, to the defendant, defendant's counsel, and the
United States Attorney's Office. The parties would have 30 days from receipt to file any
objections or a request for a hearing.
(G) Should the parties file objections, the Court may schedule hearings to resolve the matters at
lSSUC.
(H) If no objections are filed within the allotted time, the Court would go forward with entering
an appropriate amended Judgment for the recommended sentence.
(I) These procedures do not in any manner presuppose the result of an individual case nor arc
they intended to restrict any argument of counsel or the discretion of any judge.
