FILED '
JAN 2 9 2019
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY AT 8:301:.-:·•.... M
wlLUA;;trw.....·ii--
CLERK ~S
IN RE: FIRST STEP ACT OF 2018 (Dec. 21, 2018), APPLICATION OF FAIR SENTENCING
ACT.
STANDING ORDER
/'I- z.
Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. § 3006A(a)(l) and
(c), the Office of the Federal Public Defender for the District of New Jersey is hereby appointed
to represent any defendant previously determined to have been entitled to appointment of
counsel, or who was previously represented by retained counsel and is presently indigent, to
determine whether that defendant may qualify to seek reduction of sentence and to present any
motions or applications for reduction of sentence in accordance with Section 404 of the First
Step Act of 2018.
The United States Probation Office for the District of New Jersey and the United States
District Court Clerk's Office for the District of New Jersey are authorized to disclose
Presentence Investigation Repmis, Judgments in a Criminal Case, and Statements of Reasons to
the Office of the Federal Public Defender for the purpose of detem1ining eligibility for relief: and
for detennining whether a conflict of interest precludes the Federal Public Defender from
representing a client. In accordance with Federal Bureau of Prisons policy, no Presentence
Investigation Reports or Statements of Reasons will be provided to inmates. Should the Federal
Public Defender detennine that there is a prohibitive conflict in which the prospective client's
interests are materially adverse to those of a current or fonner client with regard to representation
of a defendant in the litigation, the Court shall be notified and the Clerk of the Court is
authorized to appoint a member of the Criminal Justice Panel of this District.
The United States Probation Office shall provide the Office of the Federal Public
Defender a complete list, generated by Probation's data quality analyst from the PACTS
database, of all known defendants sentenced for any drug offense on or before June 21, 2012 (the
date of Dorsey 1·. United States, 132 S. Ct. 2321 (2012)), whether still incarcerated or on
supervised release.
The Comi shall notify the Federal Public Defender of all pending pro se motions seeking
relief under Section 404 of the First Step Act for retroactive application of the Fair Sentencing
Act so the Federal Public Defender can assume representation in a timely fashion. If the Federal
Public Defender or the United States Probation Office receives directly or otherwise becomes
aware of any such pending motions, that office shall so advise the Comi. The Court also will
notify the Federal Public Defender when any new motion under the First Step Act for retroactive
application of the Fair Sentencing Act is filed by an inmate prose.
For purposes of detennining whether to file, or filing, a motion on behalf of any
defendant in a closed criminal case seeking relief under Section 404 of the First Step Act for
reduction of sentence, the U.S. Probation Office and the Clerk of Court are authorized without
further order to provide to the Office of the Federal Public Defender any records from the court
file, including the Presentence Report, Statement of Reasons, criminal history records, and any
sealed documents, with the exception that this order does not authorize disclosure of the
sentencing recommendation.
In the event that the sentencing Judge in the original proceeding is no longer a member of
the Bench of this District the case shall be reassigned at the discretion of the Court.
IT IS SO ORDERED
January 29, 2019
/ £)/)
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Jose es
Chi ted States District Judge
Dated in Newark, New Jersey this,?{9/< day of_ ·--;JZ,,-,/J___ , 2019
