UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
)
IN RE: CRACK RETROACTIVITY CASES ) Chief Judge Curtis L. Collier
) SO-11-07
)
STANDING ORDER
The United States Sentencing Commission promulgated a temporary, emergency amendment
to the sentencing guidelines regarding crack cocaine offenses on October 15, 2010. On April 6,
2011, the Commission re-promulgated the temporary amendment as a permanent amendment,
effective November 1, 2011. On June 30, 2011, the Commission voted to give retroactive effect to
the permanent guideline amendment, also effective November 1, 2011.
Because of the large number of defendants who may be affected by this retroactive
amendment, the Court APPOINTS Federal Defender Services of Eastern Tennessee (“FDS”) to
represent all defendants unless the defendant has retained counsel or the previously appointed CJA
attorney wishes to represent the defendant.
FDS will identify defendants with a claim for relief under the amended guidelines and
represent such defendants in filing motions for reduced sentences under the amendment. FDS shall
identify any conflicts of interest and notify the Court so new counsel can be appointed. Any
defendant who was not previously represented by FDS or a CJA attorney will need to complete an
in forma pauperis application.
The United States Probation Office is AUTHORIZED to disclose relevant information to
FDS, including the identities of defendants it has identified as being affected by the amendment and
presentence investigation reports. The Probation Office, FDS, and the United States Attorney’s
Office are encouraged to assist the Court in identifying those cases deserving of priority treatment,
i.e., those cases where a defendant’s release date is near.
Motions in cases originally assigned to Judge Jarvis and which have not been previously
reassigned will be ASSIGNED on a rotating basis to Judges Thomas Phillips and Thomas Varlan.
Motions in cases originally assigned to Judge Edgar will be ASSIGNED on a rotating basis to Chief
Judge Curtis L. Collier and Judge Harry S. Mattice.
SO ORDERED.
ENTERED BY THE COURT OCTOBER 14, 2011:
/s/
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE
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