Case 1:23-mc-00004 Document 22 Filed 11/17/23 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF: 2023 AMENDMENT No. 23-MC- 00004-22
TO UNITED STATES SENTENCING GUIDELINES
ADMINISTRATIVE ORDER
Pursuant to 18 U.S.C. § 3006A(a)(1) and (c), the Office of the Federal Public Defender for
the District of New Mexico (FPD) is hereby appointed to represent any criminal defendant who
was previously determined to have been entitled to appointment of counsel, or who is now
indigent, to determine whether that defendant may qualify for a reduction of sentence and to seek
relief in accordance with 18 U.S.C. § 3582(c)(2) and the 2023 Criminal History Amendments to
the Sentencing Guidelines, including Part A (Status Points under § 4A1.1) and Part B (Zero-Point
Offenders), made retroactive by recent amendment. To the extent it is determined that the
defendant may qualify for relief, FPD also is appointed to file an appropriate motion for relief.
Should FPD determine that a prohibitive conflict exists in which the prospective client’s interests
are materially adverse to those of a current or former client, the Court shall be notified and the
Court may appoint a member of the Criminal Justice Panel of this District to represent that
particular defendant. Each motion for relief should be titled “Motion for Sentence Reduction
Under Guideline Amendment 821.”
The United States Probation Office and the Clerk’s Office for the District of New Mexico
are authorized to disclose via CM/ECF Presentence Investigation Reports and Addenda,
statements of Reasons, and Judgments to FPD/appointed defense counsel and the United States
Attorney’s Office for the District of New Mexico (USAO) for the purpose of determining a
defendant’s eligibility for relief under the amendments to the United States Sentencing Guidelines
Case 1:23-mc-00004 Document 22 Filed 11/17/23 Page 2 of 2
referenced in this Order.
Defense counsel and USAO shall meet and confer in good faith before a motion is filed to
determine whether any counseled defendant is entitled to relief according to the retroactive
application of the relevant Guideline amendments. If the parties stipulate to relief, defense counsel
shall file a joint motion for relief. If the parties cannot reach an agreement, defense counsel may
file a contested § 3582 motion to reduce sentence, and USAO shall file a response within thirty
days after the counseled motion is filed.
FPD plans to screen pro se criminal motions seeking relief under Guideline Amendment
821. Within ninety days after the pro se motion is filed, defense counsel will file: (1) an amended,
counseled motion, if the defendant has a colorable claim for relief; or (2) a notice indicating FPD
will not take action on behalf of the defendant. USAO shall file a response within thirty days after
FPD/defense counsel files either a counseled motion or its notice.
IT IS SO ORDERED this 17th day of November 2023.
_______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
Notices
1:23-mc-00004 Administrative Orders
U.S. District Court
United States District Court - District of New Mexico
Notice of Electronic Filing
The following transaction was entered on 11/17/2023 at 10:45 AM MST and filed on 11/17/2023
Case Name: Administrative Orders
Case Number: 1:23-mc-00004
Filer:
Document Number: 22
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of 2023 Amendment to United States Sentencing
Guidelines (cg)
1:23-mc-00004 Notice has been electronically mailed to:
1:23-mc-00004 Notice has been delivered by fax to:
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