UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
FILED
FILED
CLERK’S OFFICE
CLERK’S OFFICE
IN RE: ) United
UnitedStates
StatesDistrict
DistrictCourt
Court
) SO-18-05 Eastern District of Tennessee
SESSIONS v. DIMAYA CASES ) Date: Oct 26, 2018, 3:16 pm
STANDING ORDER
In Sessions v. Dimaya, – U.S. –, 138 S. Ct. 1204 (2018), the Supreme Court held that the
residual clause of the crime-of-violence definition in Title 18 United States Code section 16, which
is cross-referenced in the Immigration and Nationality Act’s (INA) definition of aggravated felony,
is unconstitutionally vague. Id. at 1223. Accordingly, defendants whose convictions or
sentences rest upon section 16(b) may be eligible for relief.
Because of the need to efficiently process petitions under Dimaya, the Court DIRECTS
Federal Defender Services of Eastern Tennessee (“FDSET”) to coordinate with the Court, the
United States Probation Office, and the United States Attorney’s Office (“USAO”) to identify
cases that may be affected by Dimaya. The Court further DIRECTS FDSET to evaluate all such
cases and maintain a list of the cases evaluated. If FDSET determines a defendant may qualify
for relief under 28 U.S.C. § 2255, then FDSET is hereby APPOINTED to represent that defendant
and shall file a petition on the defendant’s behalf. 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.
If FDSET determines that it will not file a § 2255 petition in any case evaluated pursuant to this
Order, FDSET shall file a notice of no intention to file a motion for relief pursuant to Dimaya.
If FDSET or another attorney appointed pursuant to this Order files a § 2255 petition based
on Dimaya, the USAO shall respond within 45 days. Pro se filings seeking relief based on
Dimaya will be handled in the regular course and according to applicable procedural rules. The
USAO shall promptly notify FDSET of pro se filings seeking relief under Dimaya 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, including the identities of defendants it has identified as being potentially affected by
Dimaya and presentence investigation reports. The Probation Office, FDSET, and the USAO are
encouraged to assist the Court in identifying any cases deserving of priority treatment.
ENTER:
/s Thomas A. Varlan
Thomas A. Varlan
Chief United States District Judge
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