UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE FILED
FILED
CLERK’S OFFICE
CLERK’S OFFICE
United
UnitedStates
StatesDistrict
DistrictCourt
Court
IN RE: ) Eastern District of Tennessee
Section 603(b) of the ) No: SO-19-04 Date: Mar 26, 2019, 2:51 pm
FIRST STEP ACT of 2018 )
STANDING ORDER
On December 21, 2018, the President signed into law the Formerly Incarcerated Reenter
Society Transformed Safely Transitioning Every Person Act (“the FIRST STEP Act” or “the
Act”), Pub. L. 115-391, 132 Stat. 5194 (2018). Section 603(b) of the FIRST STEP Act reforms
Title 18 United States Code section 3582(c)(1)(A) and allows a defendant to move a federal court
directly for compassionate release. The defendant may move a federal court “after the defendant
has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a
motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the
warden of the defendant’s facility, whichever is earlier.”
Federal Defender Services of Eastern Tennessee (“FDSET”) is hereby APPOINTED to
represent a defendant if that defendant files a section 3582(c)(1)(A) motion directly with this Court
pursuant to section 603(b) of the FIRST STEP Act. FDSET shall file a supplement to defendant’s
pro se motion without delay. If FDSET determines that defendant’s motion needs no
supplementation, then FDSET shall file a notice stating so. FDSET shall also notify the defendant
that it will not file a supplemental motion.
FDSET is also APPOINTED if a defendant contacts FDSET to file the motion on the
defendant’s behalf and if FDSET determines the motion would not be frivolous. In addition,
previously-appointed CJA counsel may file a motion on behalf of their clients if contacted to do
so and if the previously-appointed CJA counsel determines the motion would not be frivolous.
FDSET or another attorney appointed pursuant to this Order shall file a non-frivolous motion on
the defendant’s behalf without delay.
FDSET shall identify any conflicts of interest and notify the Court so that other counsel
can be appointed. Any defendant not previously represented by FDSET or a CJA attorney will
need to complete an in forma pauperis application.
The United States Attorney’s Office (“USAO”) shall respond to a motion filed by counsel
or FDSET’s notice within five days.
Finally, the USAO shall promptly notify FDSET of pro se filings seeking relief under
section 603(b) of the Act and maintain a list of such filings, so FDSET can satisfy its obligations
under this Order. The United States Probation Office is AUTHORIZED to disclose relevant
information to FDSET or another attorney appointed pursuant to this Order.
ENTER:
s/ Thomas A. Varlan
Thomas A. Varlan
Chief United States District Judge
