IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
IN THE MATTER OF: )
) STANDING ORDER
PROVIDING COUNSEL FOR )
PERSONS POTENTIALLY ELIGIBLE )
FOR RELIEF UNDER THE )
FIRST STEP ACT )
)
Pursuant to the Criminal Justice Act at 18 U.S.C. §§ 3006A(a)(1) and (c), and finding that
persons presently serving prison terms are financially eligible for appointed counsel under the
provisions of that Act, the Office of the Federal Public Defender for the Districts of South Dakota
and North Dakota is appointed to represent all defendants in criminal cases in this District who: (a)
received any sentence which may be subject to reduction or modification as a result of Section 404
of the First Step Act; and (b) are in the custody of the Bureau of Prisons or in the custody of a state
correctional system subject to a federal hold pursuant to such a sentence.
The purposes of this appointed representation are as follows:
1) To identify all persons with potential claims for relief under the First Step Act,
including persons who may have filed a pro se pleading for relief.
2) To seek any available sentencing relief for such persons through appropriate
pleadings.
3) To prioritize those persons with a claim for relief which must be acted upon
immediately.
4) To maintain communications with all such persons to learn their wishes and to advise
them.
5) To identify any conflict of interest which would require the withdrawal of the Federal
Public Defender and the appointment of new counsel.
To give effect to the purposes of this Order, the United States Probation Office for the
District of North Dakota is authorized and directed to cooperate with the Office of the Federal Public
Defender in identifying persons who meet the criteria of inclusion set forth above and in providing
the Federal Public Defender with relevant information about the affected persons, including copies
of their Presentence Investigation Reports and any defense or prosecution objections thereto.
IT IS SO ORDERED.
Dated this 4th day of January, 2019.
/s/ Daniel L. Hovland
Daniel L. Hovland, Chief Judge
United States District Court
