IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
IN THE MATTER OF PROVIDING
COUNSEL FOR PERSONS ELIGIBLE STANDING ORDER
FOR RELIEF UNDER RETROACTIVE
APPLICATION OF AMENDMENT 782
TO SENTENCING GUIDELINES
Pursuant to the Criminal Justice Act, 18 U.S.C. §§ 3006(a)(1) and (c), and finding
that persons presently serving prison terms are financially eligible for appointed counsel
under the provision of that Act, the Office of the Federal Public Defender for the Districts
of South Dakota and North Dakota is hereby appointed to represent all defendants in
criminal cases in this district who may be eligible to seek a reduced sentence based upon
retroactive application of Amendment 782 to the United States Sentencing Guidelines if the
drug quantity table of U.S.S.G. § 2D1.1. was used in calculating their sentence.
The purposes of this appointed representation are as follows:
1. To identify all persons with a claim for relief under the permanent guideline
amendment, which was made retroactive on July 18, 2014, including persons
who may have filed a pro se pleading for relief pursuant to the amendment.
2. To seek any available sentencing relief for such persons, including sentencing
relief pursuant to 18 U.S.C. § 3582(c)(2).
3. To prioritize those persons with a claim for relief that must be acted upon
immediately.
4. To maintain communications with all such persons to learn their wishes and
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to advise them.
5. To identify any conflict of interest that 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 Pretrial Services and
Probation Office for the District of North Dakota is hereby authorized and directed to
cooperate with the Office of the Federal Public Defender in identifying the persons who
meet the criteria of inclusions 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.
Dated this 29th day of August, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson
Chief District Judge
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