FILED
Nov 21 2023
United States District Court
Northern District of Ohio
General Order
GENERAL ORDER NO. 2023-20
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
)
IN RE: MOTIONS FOR APPLICATION )
OF RETROACTIVE 2023 CRIMINAL )
HISTORY AMENDMENTS IN ) ORDER NO. 2023-20
ACCORDANCE WITH 18 U.S.C. )
§ 3582(c)(2) AND AMENDMENT 821 )
TO THE SENTENCING GUIDELINES )
)
I. Appointment of the Federal Public Defender
Pursuant to the provisions of 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 Ohio is hereby
appointed to represent those indigent defendants1 who have been identified as being
potentially eligible to seek a reduction of sentence, and to present any motions or
applications for reduction of sentence, in accordance with 18 U.S.C. § 3582(c)(2) and
Amendment 821 (the 2023 Criminal History Amendments) to the Sentencing
Guidelines, including Part A (Status Points under § 4A1.1) and Part B (Zero-Point
Offenders), made retroactive by the United States Sentencing Commission.
Additionally, the Federal Public Defender for the Northern District of Ohio is hereby
appointed to represent all defendants who file pro se motions seeking criminal history
reductions pursuant to the 2023 Criminal History Amendment.
II. Appointment of Counsel in the Event of Conflict
In the event it is subsequently determined that private counsel or previously appointed
Criminal Justice Act (CJA) counsel should be appointed to represent a defendant, such
counsel shall be appointed and the Federal Public Defender shall withdraw. Should the
1 The Office of Federal Public Defender and CJA appointed counsel are reminded of their obligation to
report significant changes in a defendant's employment or financial circumstances sufficient to enable
defendant to pay, in whole or in part, for legal representation.
Federal Public Defender determine that there is a prohibitive conflict in which the
prospective client's interests are materially adverse to those of a current or former client
with regard to representation of a defendant in the litigation, the Office of the Federal
Public Defender shall notify the Court and request appointment of a member of the CJA
Panel.
III. Authorization to Disclose Presentence Report and Sentencing Documents
The Court hereby authorizes the disclosure to the Office of the Federal Public Defender
for the Northern District of Ohio, or to CJA counsel if appointed, and to the Office of the
United States Attorney for the Northern District of Ohio of all presentence investigation
reports and sentencing orders, including those portions of such orders not available
through the Court’s electronic filing system (statement of reasons), for those inmates
who have been identified as being potentially eligible for sentence reductions pursuant
to the 2023 Criminal History Amendments. The disclosure authorized by this Order shall
be for the sole purpose of enabling both offices to make an assessment as to an
inmate’s eligibility for a sentence reduction under the new retroactive guidelines
described herein.
IV. Motion Briefing Protocol
Motions filed pursuant to the 2023 Criminal History Amendments, which are governed
by this General Order, should be filed separately from motions filed pursuant to
Section 603(b) of the First Step Act of 2018, 18 U.S.C. Sections 3582(c) and (d) (First
Step Act Compassionate Release), which are governed by Amended General Order
No. 2020-07-3. If the Clerk of Court receives a pro se motion seeking remedies under
both provisions, the Clerk of Court should docket separate entries for each requested
remedy (i.e., motion for application of retroactive 2023 Criminal History Amendments
or motion for First Step Act Compassionate Release), and the parties should thereafter
address each request for remedy separately, in accordance with the applicable
governing general order.
V. Motion Briefing Schedule
In the case of a motion or application for a reduction pursuant to the 2023 Criminal
History Amendments initiated by the Office of the Federal Public Defender, a CJA
appointed attorney, or a privately retained attorney, the government will have fourteen
(14) days to file a response.
In the case of a motion or application for a reduction pursuant to the 2023 Criminal
History Amendment initiated by a pro se plaintiff, the Office of the Federal Public
Defender will have fourteen (14) days to file a supplement to the motion or a notice of
no supplement, and the government will have fourteen (14) days thereafter to file a
response.
In the case where counsel is appointed due to a conflict of the Office of the Federal
Public Defender, unless ordered otherwise, appointed counsel will have fourteen (14)
days from the date of appointment to file a supplement, motion, or a notice of no
supplement, as appropriate, and the government will have fourteen (14) days thereafter
to file a response.
Nothing in this order prevents a Judge from revising the above time periods either on
motion of a party or if doing so is in the interest of justice in any particular case.
VI. Application of Order
Appointment under this Order applies only to relief pursuant to the retroactive 2023
Criminal History Amendments.
IT IS SO ORDERED.
FOR THE COURT
Sara Lioi
Chief Judge
