UNITED STATES DISTRICT COURT
FILED
FILED
EASTERN DISTRICT OF TENNESSEE CLERK’S OFFICE
CLERK’S OFFICE
United
UnitedStates
StatesDistrict
DistrictCourt
Court
IN RE: ) Eastern District of Tennessee
Section 404 of the ) No.: SO-19-01 Date: Feb 19, 2019, 3:27 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 404 of the FIRST
STEP Act allows a court to reduce the sentence of a defendant who committed an offense
before August 3, 2010, if the statutory penalties for the offense were modified by sections
2 or 3 of the Fair Sentencing Act of 2010.
Because of the need to efficiently process motions pursuant to Section 404 of the
Act, 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 Section 404. 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 Section 404,
then FDSET is hereby APPOINTED to represent that defendant and shall file a motion 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 motion in any case evaluated pursuant to this Order,
FDSET shall file a notice of no intention to file a motion for relief pursuant to Section 404
of the Act.
If FDSET or another attorney appointed pursuant to this Order files a motion or
notice based on Section 404 of the Act, the USAO shall respond to the motion or notice
within 45 days. However, if the motion filed by FDSET or another attorney states that the
defendant is potentially eligible for immediate release, then the USAO shall respond within
14 days. In addition, the USAO shall promptly notify FDSET of pro se filings seeking
relief under Section 404 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, including a complete list generated by Probation’s PACTS
database of all defendants potentially impacted by Section 404 of the Act, whether still
incarcerated or on supervised release. The Probation Office, FDSET, and the USAO are
encouraged to assist the Court in identifying any cases deserving of priority treatment,
especially those defendants who may be eligible for immediate release.
ENTER:
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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