Case 1:25-mc-00004 Document 1 Filed 01/09/25 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
NEW LAW VIOLATIONS IN PETITIONS
TO REVOKE SUPERVISED RELEASE 25-MC-00004-01
STANDING ORDER
WHEREAS, when a sentencing court imposes a term of supervised release, it “shall
order, as an explicit condition … that the defendant not commit another Federal, State, or
local crime during the term of supervision,” (18 U.S.C. § 3583(d)), and
WHEREAS, the sentencing court has the authority to modify, revoke, or extend a
supervised release term upon a violation of that condition (18 U.S.C. § 3583(e)), and
WHEREAS, the United States Attorney for the District of New Mexico has
promulgated a policy that his office will seek dismissal of all petitions filed without his
concurrence and alleging only a violation of that condition,
THE COURT FINDS that good cause exists to adopt procedures governing the
dismissal of petitions alleging violations of such condition.
THEREFORE, IT IS HEREBY ORDERED that, in the case of all petitions filed
in this District by the United States Probation Office alleging a violation of supervised
release on the basis of the commission of a new crime, any motion for dismissal of that
petition shall be made in writing and may be granted only by the United States District Judge
assigned to the case (or his/her designee).
IT IS FURTHER ORDERED that, with respect to such petitions, if the Assistant
United States Attorney declines to conduct any preliminary hearing required by statute or
rule, this Court directs the presiding United States Magistrate Judge to conduct the
questioning of the United States Probation Officer to determine whether probable cause
Case 1:25-mc-00004 Document 1 Filed 01/09/25 Page 2 of 2
exists, and whether detention or conditions of release are appropriate under the applicable
standard.
IT IS FURTHER ORDERED that this Order shall lapse should the United States
Attorney for the District of New Mexico vacate its policy as expressed in his letter of June
27, 2023.
DONE this 9th day of January, 2025.
FOR THE COURT1:
/s/
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
1
For the court, pursuant to Administrative Order Misc. No. 83-252
Notices
1:25-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 1/9/2025 at 2:37 PM MST and filed on 1/9/2025
Case Name: Administrative Orders
Case Number: 1:25-mc-00004
Filer:
Document Number: 1
Docket Text:
STANDING ORDER: In the Matter of New Law Violations in Petitions to Revoke Supervised
Release (cg)
1:25-mc-00004 Notice has been electronically mailed to:
1:25-mc-00004 Notice has been delivered by fax to:
1:25-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=1/9/2025] [FileNumber=13464815-0
] [27c25c706f7d5ceaafee596901805cf635d45563b4e6dee28eba5fed4fb8ba728f0
6ba7245e20d2ddf4b16d5640e87858d402f468b65181f9f6e6a5ea2898a17]]
