UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF NEW YORK
IN RE: APPLICATION OF RETROACTIVE 2023 CRIMINAL HISTORY
AMENDMENTS TO THE SENTENCING GUIDELINES
STANDING APPOINTMENT ORDER
Under the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1) and (c), the Office of the
Federal Public Defender for the Northern District of New York is hereby appointed to represent
any defendant previously determined to have been entitled to appointment of counsel, or who is
now indigent, to determine whether that defendant is eligible for a reduced sentence and to seek
relief in accordance with 18 U.S.C. § 3582(c)(2) and the Sentencing Commission’s recent
retroactive application of Part A (Status Points under § 4A1.1) and Part B, Subpart 1, (Zero-Point
Offenders under § 4C1.1) of Amendment 821 to the Sentencing Guidelines. Such appointment
does not extend to cases of conflict, to defendants not eligible for appointed counsel under 18
U.S.C. § 3006A, or to cases where other counsel has already been appointed or retained. The
appointment will terminate upon the District Court’s ruling or the conclusion of the appellate
process unless otherwise ordered by the Court.
The United States Probation Office for the Northern District of New York and the United
States Clerk’s Office for the Northern District of New York are authorized to disclose to the
Office of the Federal Public Defender and the United States Attorney’s Office for the Northern
District of New York Presentence Investigation Reports, Judgments in a Criminal Case,
including sealed Judgments, Statements of Reasons, Motions for Departure based on Substantial
Assistance, and any other documents necessary for the Office of the Federal Public Defender and
the United States Attorney’s Office to determine whether particular defendants are eligible for a
sentence reduction under the above-described retroactive amendments, to pursue any motions on
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behalf of eligible defendants, and to determine whether a conflict exists that would preclude the
Office of the Federal Public Defender from representing a defendant.
The Clerk of the Court for the Northern District of New York is directed to establish a
procedure to notify the Office of the Federal Public Defender of possible pending pro se motions
or inquiries to reduce a sentence under 18 U.S.C. § 3582(c) based on Parts A and B, Subpart 1, of
Sentencing Guideline Amendment 821 and Policy Statement § 1B1.10. The Office of the Federal
Public Defender will assume representation of the pro se litigant in a timely fashion.
IT IS SO ORDERED. November 15, 2023
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