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September 3, 2020
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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IN RE: COMPASSIONATE RELEASE
6 REQUESTS UNDER THE FIRST STEP
AMENDED GENERAL
7 ACT ORDER 2020-06
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9 On December 21, 2018, the President signed into law the Formerly Incarcerated
10 Reenter Society Transformed Safely Transitioning Every Person Act, Pub. L. 115-391,
11 132 Stat. 5194 (2018) (“the FIRST STEP Act” or “the Act”). Section 603(b) of the FIRST
12 STEP Act reforms 18 U.S.C. § 3582(c)(1)(A) and allows a defendant to directly request
13 compassionate release from a federal court. In particular, a defendant may move a
14 federal court “after the defendant has fully exhausted all administrative rights to appeal
15 a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse
16 of 30 days from the receipt of such a request by the warden of the defendant’s facility,
17 whichever is earlier.” 18 U.S.C. § 3582(c)(1)(A)(i). Under the provisions of the Criminal
18 Justice Act, 18 U.S.C. § 3600(a)(1) and (C), the Court issues this Order to ensure that
19 motions for compassionate release are timely and efficiently addressed to fulfill the
20 purposes of the FIRST STEP Act.
21 The Federal Public Defender’s office (“FPD”) is hereby appointed to represent a
22 defendant if that defendant files a pro se section 3582(c)(1)(A) motion directly with this
23 Court pursuant to section 603(b) of the FIRST STEP Act. FPD must file a supplement
24 to the defendant’s pro se motion within fourteen days. If FPD determines that a
25 defendant’s motion needs no supplementation, then FPD must file a notice stating so
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1 within seven days. FPD must also notify the defendant that it will not file a supplemental
2 motion in those cases.
3 FPD is also appointed if a defendant contacts FPD to file the motion on the
4 defendant’s behalf, and FPD determines the motion would not be frivolous.
5 If FPD has a prohibitive conflict and may not represent an individual defendant
6 seeking compassionate release where FPD determines the motion would not be
7 frivolous, FPD will file a motion requesting that CJA counsel be appointed according to
8 the regular procedures of the District of Nevada for the appointment of counsel.
9 Any defendant not previously represented by FPD or a CJA attorney will need to
10 complete a financial affidavit. In accordance with Temporary General Order 2020-05
11 while it remains effective, defense counsel may sign on behalf of the defendant, after
12 receiving the defendant’s consent, and file the financial affidavit electronically.
13 The United States Attorney’s Office (“USAO”) must file a response within seven
14 days of the FPD filing a motion pursuant to Section 603(b) of the Act, or a supplement,
15 or notice of non-supplementation to a pro se motion.
16 USAO must also promptly notify FPD of pro se filings seeking relief under section
17 603(b) of the Act, so FPD can satisfy its obligations under this Order.
18 Finally, the United States Probation Office is authorized to disclose the
19 defendant’s Presentence Investigation Report to FPD for the purpose of determining
20 eligibility for compassionate release. The United States Probation Office is further
21 authorized to provide the Bureau of Prison SENTRY reports to FPD for those defendants
22 who have passed the initial eligibility screening.
23 DATED THIS 3rd Day of September 2020.
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MIRANDA M. DU, CHIEF JUDGE
26 UNITED STATES DISTRICT COURT
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