Case 1:19-mc-00004 Document 8 Filed 03/04/19 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
COUNSELED MOTIONS TO REDUCE
SENTENCE UNDER THE FIRST STEP ACT 19-MC-00004-08
ADMINISTRATIVE ORDER REGARDING FIRST STEP ACT
This administrative order addresses the procedures for handling counseled motions for
relief under the First Step Act, PL 115-391, and 18 U.S.C. § 3582. The First Step Act authorizes
certain offenders to seek retroactive sentencing relief, compassionate release, or a change in prison
conditions. By an Order entered September 17, 2018, the Court appointed the Office of the Public
Defender and qualified members of the Criminal Justice Act Panel to represent defendants who
may qualify for a sentence reduction under the First Step Act.
Pursuant to local custom, defense counsel is hereby directed to transmit a copy of any
motion to reduce sentence to the Office of the United States Attorney before filing it with the
Court. The parties shall confer in good faith to determine whether the defendant is entitled to relief
under the First Step Act. If the parties stipulate to relief, defense counsel shall file a joint motion
for resentencing. If the parties cannot reach an agreement, defense counsel may file a § 3582
motion to reduce sentence. Defense counsel is also reminded that any First Step Act challenges
involving the BOP’s execution of a sentence must be styled as a habeas corpus petition under 28
U.S.C. § 2241.
IT IS SO ORDERED this 4th day of March, 2019.
_______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
District Version v6.2.1 LIVE DB https://ecf.nmd.circ10.dcn/cgi-bin/Dispatch.pl?99817357648773
Notices
1:19-mc-00004 Administrative Orders
U.S. District Court
District of New Mexico - Version 6.2.1
Notice of Electronic Filing
The following transaction was entered on 3/4/2019 at 1:27 PM MST and filed on 3/4/2019
Case Name: Administrative Orders
Case Number: 1:19-mc-00004
Filer:
Document Number: 8
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Counseled Motions to Reduce Sentence Under the First Step Act. (kmk)
1:19-mc-00004 Notice has been electronically mailed to:
1:19-mc-00004 Notice has been delivered by fax to:
1:19-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=3/4/2019] [FileNumber=9800699-0]
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