UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
IN RE: FAIR SENTENCING ACT CASES ) SO-12-03
STANDING ORDER
The Fair Sentencing Act of 2010 (“FSA”) went into effect on August 4, 2010. On June
22, 2012, the United States Supreme Court held that the FSA applies retroactively, Dorsey v.
United States and Hill v. United States,132 S.Ct. 2321 (2012).
Because of the large number of defendants who may be affected by the retroactive
application of the FSA, the Court APPOINTS Federal Defender Services of Eastern Tennessee
(“FDSET”) to represent all defendants unless the defendant has retained counsel or the
previously appointed CJA attorney wishes to represent the defendant.
FDSET will identify defendants with a claim for relief under the FSA and represent
defendants in filing for relief. FDSET shall identify any conflicts of interest and notify the
Court so new counsel can be appointed. Any defendant who was not previously represented by
FDSET 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 FDSET, including the identities of defendants it has identified as being affected by FSA and
presentence investigation reports. The Probation Office, FDSET, 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 assigned to Judge James H. Jarvis will be REASSIGNED on a rotating
basis to Judge Thomas W. Phillips and Judge Thomas A. Varlan. Motions in cases originally
assigned to Judge R. Allan Edgar will be REASSIGNED on a rotating basis to Chief Judge
Curtis L. Collier and Judge Harry S. Mattice.
ENTERED BY THE COURT September 13, 2012:
/s/
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE
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