UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
IN RE: 2018 First Step Act Litigation ORDER RELEASING
COURT DOCUMENTS
WHEREAS, on December 21, 2018, President Trump signed into law the First Step Act
of 2018, which, in part, makes retroactive provisions of the Fair Sentencing Act of 2010; and
WHEREAS, a number of defendants previously sentenced in the Western District of New
York have been identified as potentially eligible for application of this retroactive legislation; and
WHEREAS, potentially eligible defendants are either currently incarcerated with no
significant source of income, or serving a term of supervised release with no significant source of
income; and
WHEREAS, the Federal Defender's Office will undertake to represent these individuals,
some of whom are not their former clients; and
WHEREAS, to determine whether any particular defendant is actually eligible for relief,
the Federal Defender's Office and the United States Attorney's Office will need access to each
individual's Presentence Investigation Report, Judgment of Conviction with Statement of Reasons,
and Plea Agreement, it is therefore
ORDERED, that the United States Probation Office for the Western District of New York
provide to the Federal Defender's Office and the United States Attorney's Office a copy of the
Presentence Investigation Report, Judgment of Conviction with Statement of Reasons, and Plea
Agreement (if it is not available electronically) for any individual identified as potentially eligible
for such reduction; and it is further
ORDERED, that the Federal Public Defender's Office be permitted to accept assignment
of said individuals without filing a Financial Affidavit for the purposes of determining eligibility
and filing of any motion for a reduction.
IT IS S~
O RD D.
Dated: January; , 2019
Roches er, New York
