UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
IN THE MATTER OF PROVIDING
COUNSEL FOR PERSONS
POTENTIALLY ELIGIBLE FOR RELIEF STANDING ORDER
UNDER JOHNSON V. UNITED STATES
____________________________________________________________
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 the decision in Johnson v. United States, 135 S. Ct. 2551 (2015)
and subsequent Court decisions; 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 Johnson v.
United States, 135 S. Ct. 2551 (2015), 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.
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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 two 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.
Dated this 28th day of October, 2015.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court
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