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IN THE UNITED STATES DISTRICT COURT CL·c.. ,,, Li· -_.{}.' ·: · . •
FOR THE SOUTHERN DISTRICT OF OHIO
2020 APR 23 PH ~: 2'9
In Re:
APPOINTMENT OF SOUTHERN
DISTRICT OF OHIO FEDERAL
PUBLIC DEFENDER/CJA PANEL GENERAL ORDER 20~13
ATTORNEYS TO REPRESENT ALL
FEDERAL INMATES ORIGINALLY
SENTENCED IN THIS DISTRICT
WHO MAY BE ELIGIBLE FOR
REDUCTION IN THEIR SENTENCES
PURSUANT TO UNITED STATES V.
DAVIS, 139 S. CT. 2319, 204 L. ED. 2D
757 (2019).
On June 24, 2019, the United States Supreme Court held that 18 U.S.C. § 924(c)(3)(B)'s
"residual clause" definition of a violent felony under the Armed Career Criminal Act was
unconstitutionally vague. United States v. Davis, 139 S. Ct. 2319, 204 L.Ed.2d 757
(2019). Following this ruling, on March 3, 2020, the Sixth Circuit Court of Appeals held that the
Davis decision "established a 'new rule' because its 'result was not dictated by precedent
existing at the time the defendant's conviction became final."' In re Franklin, 950 F.3d 909, 910
(6th Cir. 2020) (quoting Chaidez v. United States, 568 U.S. 342,347 (2013)). As such, the
decision in Davis applies to petitioners seeking review under 28 U.S.C. § 2255.
The changes brought on by these cases may affect many defendants who have been
sentenced in this district previously. The Court concludes that further screening of these
defendants (now inmates) for eligibility is appropriate.
The Court in this Order appoints the Federal Public Defender to create and review the list
of potential defendants who may be eligible for relief. The Defender's office will first determine
whether its office has a potential or actual conflict of representation. If no conflict exists, then
the Federal Defender's office will, by this Order, represent those defendants. If, on the other
hand, a conflict exists, then Criminal Justice Act counsel shall be appointed using normal Court
procedure to determine the eligibility of relief, and any other representation as may be
necessary.
IT IS SO ORDERED.
ALGENONL.MARBLEY
CIDEF UNITED STATES DISTRICT JUDGE
DATED: April 23, 2020
