UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: RETROACTIVE APPLICATION OF
UNITED STATES SENTENCING GUIDELINE
AMENDMENT 782, RELATING TO '1B1.10(c),
EFFECTIVE NOVEMBER 1, 2014
ORDER
The United States Sentencing Commission having promulgated an amendment,
effective November 1, 2014, to '1B1.10 of the United States Sentencing Guidelines
(AUSSG@), giving retroactive application to Amendment 782, the Court has determined that
the following procedures should be implemented in order to ensure the effective and timely
administration of justice:
IT IS ORDERED that the Retroactivity Screening Committee for Amendment 782
(Amendment 782 Screening Committee) is hereby created. The committee shall consist
of the Chief Probation Officer for the Eastern District of Louisiana or his designee(s), as
chairperson, the United States Attorney for the Eastern District of Louisiana, or his
designee(s), and the Federal Public Defender for the Eastern District of Louisiana, or his
designee(s). The committee is directed to screen all cases of defendants identified by the
United States Administrative Office for the United States Courts (AAO@) and the United
States Sentencing Commission (AUSSC@) as potentially eligible for a reduction in sentence
pursuant to 18 U.S.C. ' 3582(c)(2) as a result of the retroactive application of Amendment
782, as included in USSG ' 1B1.10(c), effective November 1, 2014. The committee is
also directed to screen the cases of all defendants who file motions seeking reductions in
sentence under 18 U.S.C. ' 3582(c)(2) as a result of the retroactive application of
Amendment 782. The committee shall meet, review the cases of potentially eligible
defendants identified by the AO and the USSC and defendants who have filed '3582(c)(2)
motions, and complete an Amendment 782 Eligibility Information Sheet for each such
defendant.
The committee shall forward to the United States District Judge assigned to the case
the Amendment 782 Eligibility Information Sheet, as well as pertinent documents listed
therein, for each defendant identified by the AO and the USSC whom at least one
committee member agrees is eligible for a ' 3582(c)(2) reduction in sentence or who files a
'3582(c)(2) motion for reduction in sentence as a result of the retroactive application of
Amendment 782. In any case that the committee forwards to the District Judge for
consideration for reduction in sentence pursuant to 18 U.S.C. '3582(c)(2), any committee
member and/or counsel of record in the case shall be allowed to submit a written
memorandum in letter form to the District Judge assigned to the case, and any other
committee member and/or opposing counsel of record in the case shall be allowed to
submit a written response memorandum in letter form. The committee members shall
indicate on the Amendment 782 Eligibility Information Sheet a date by which the written
memoranda in letter form shall be filed. If an appeal is filed regarding any ruling on an
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. '3582(c)(2), the
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record on appeal shall include the Amendment 782 Eligibility Information Sheet, pertinent
documents included with the Amendment 782 Eligibility Information Sheet, any letter
memoranda submitted by committee members and/or counsel of record, and any
attachments to the letter memoranda provided to the District Judge.
If the committee members all unanimously agree that a defendant is not eligible for
a '3582(c)(2) reduction in sentence as a result of the retroactive application of Amendment
782, and the defendant has not filed a ' 3582(c)(2) motion for a reduction in sentence due
to the retroactive application of Amendment 782, the committee shall not forward the
Amendment 782 Eligibility Information Sheet to the District Judge unless specifically
requested to do so by the District Judge.
The Federal Public Defender shall be permitted to file a motion to enroll in any case
in which one member of the committee determines that the defendant is eligible to receive
a '3582(c)(2) reduction in sentence as a result of the retroactive application of Amendment
782. In the event that the Federal Public Defender determines there is a conflict of interest
in enrolling in such case, an attorney may be appointed through the Criminal Justice Act,
18 U.S.C. '3006A(a)(1) and (c).
New Orleans, Louisiana, this 6th day of November , 2014.
SARAH S. VANCE
Chief United States District Judge
Eastern District of Louisiana
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