1 If the FPD has a prohibitive conflict and may not represent an individual
2 defendant, the FPD will file a motion requesting that CJA counsel be appointed to
3 represent the defendant for the Rehaif or Davis litigation, according to the regular
4 procedures of the District of Nevada for the appointment of counsel.
5 The United States Probation Office and the United States District Court Clerk’s
6 Office are authorized to disclose to the FPD, successor counsel, and the United States
7 Attorney’s Office, upon request, documents from the defendants’ case files that are not
8 otherwise available through the judiciary’s Public Access to the Court Electronic
9 Records (“PACER”) service to determine defendants’ eligibility for relief, to evaluate
10 conflicts, and to file and litigate any petitions, motions or applications under Rehaif or
11 Davis. The Probation Office and the Clerk’s Office may disclose any such documents,
12 including plea agreements, Presentence Investigation Reports, Judgments, and any
13 sealed documents pertinent to sentencing. No counsel may further distribute such
14 documents unless so ordered by the Court. However, this Order does not authorize
15 the disclosure of sealed documents that would not have been accessible to all parties
16 in the case by the time of entry of judgment or exhaustion of appellate rights.
17 The Probation Office is further authorized to provide the FPD with data as
18 requested from its PACTS database in order to assist the FPD in identifying the
19 universe of defendants who may be eligible for relief.
20 IT IS SO ORDERED this 27th day of September 2019.
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MIRANDA M. DU, CHIEF JUDGE
24 UNITED STATES DISTRICT COURT
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