Case 1:15-mc-00004 Document 4 Filed 01/27/15 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE: APPLICATION OF DRUG OFFENSE 15-MC-04-04
LEVEL GUIDELINES AS AMENDED
RETROACTIVELY ON NOVEMBER 1, 2014
ADMINISTRATIVE ORDER
This Administrative Order on application of the 2014 Amendments to the
Sentencing Guidelines supersedes prior Administrative Order 08mc0004-16 filed on
February 26, 2008, without prejudice to any motions based on previous retroactive
amendments to the Sentencing Guidelines.
Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. §§3006A(a)(1)
and (c), the Office of the Federal Public Defender for the District of New Mexico and
qualified members of the Criminal Justice Act Panel, are hereby appointed to represent
defendants previously determined to have been entitled to appointment of counsel, to
determine whether or not an individual defendant may qualify to seek reduction of
sentence, and to present any motions or applications for reduction of sentence in
accordance with the amended base offense levels for drug offenses (§§ 2D1.1(c), 1B1.10
U.S.S.G. Manual 2014).
Federal Public Defender and Criminal Justice Act panel attorneys who were
previously appointed to represent defendants will be reappointed to investigate and
pursue claims for their clients. In the event a former or current panel attorney is no longer
available to provide such representation or wishes to decline this representation, the
Case 1:15-mc-00004 Document 4 Filed 01/27/15 Page 2 of 2
Office of the Federal Public Defender is hereby appointed to represent that client
previously represented by Criminal Justice Act panel attorney. Should the Office of the
Federal Public Defender determine that there is a conflict with regard to the
representation of a particular defendant, the Court shall appoint another member of the
Criminal Justice Act panel of this Court.
All motions and pleadings seeking or opposing reduction will be filed in the
original criminal proceeding.
Under Rule 47.8 of the Court’s Local Rules of Criminal Procedure, the United
States should respond to each motion, and Defendant may reply.
For each Defendant who may be eligible for reduction, the United States Probation
Department shall prepare a Memorandum for the Court and therein shall address the
relevant factors to be considered by the Court, to include sentencing history, new
guideline calculations, criminal history, immigration status, and adjustment to
incarceration/term of imprisonment. A copy of the Memorandum shall be provided to
counsel of record. Upon submission of the Memorandum, the United States Attorney and
each Defendant’s counsel shall confer on application of the amendments to the sentence
being served and submit stipulations to the Court, where appropriate. Otherwise, the
Court may order briefing on disputed issues.
IT IS SO ORDERED this 27th day of January, 2015.
_________________________________
HONORABLE M. CHRISTINA ARMIJO
Chief United States District Judge
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Notices
1:15-mc-00004 Administrative Orders
U.S. District Court
District of New Mexico - Version 6.1
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The following transaction was entered on 1/27/2015 at 3:32 PM MST and filed on 1/27/2015
Case Name: Administrative Orders
Case Number: 1:15-mc-00004
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Docket Text:
ADMINISTRATIVE ORDER: In Re: Application of Drug Offense Level Guidelines As Amended
Retroactively on November 1, 2014 (ng)
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