UNITED STATES DISTRICT COURT
FILED
FILED
EASTERN DISTRICT OF TENNESSEE CLERK’S OFFICE
CLERK’S OFFICE
United
UnitedStates
StatesDistrict
DistrictCourt
Court
) Eastern District of Tennessee
IN RE: ) No: SO-24-05 Date: Feb 28, 2024, 2:47 pm
)
Amendment 821 to USSG Appendix C of )
2023 )
)
AMENDED STANDING ORDER
This amended standing order abrogates SO-23-06 in its entirety. On November 1, 2023,
Amendment 821 to Appendix C of the United States Sentencing Commission Guidelines Manual
(“Amendment 821”) became effective. Part A of the amendment decreases status points by one
point for individuals with seven or more criminal history points and eliminates status points for
those with six or fewer criminal history points. Subpart 1 of Part B creates a new §4C1.1
guideline that decreases two offense levels for “Zero-Point Offenders” (no criminal history
points) whose offense did not involve specified aggravating factors. Amendment 821 will be
given retroactive effect; however, any reduction in the term of imprisonment based on retroactive
application of Amendment 821 will not be effective until February 1, 2024. Accordingly, as of
November 1, 2023, the Court is authorized to reduce sentences pursuant to 18 U.S.C.
§3582(c)(2) based on the retroactive application of Amendment 821, provided that any order
reducing a term of imprisonment has an effective date of February 1, 2024, or later.
Because of the need to efficiently process motions pursuant to Amendment 821, the
Court DIRECTS the Federal Defender Services of Eastern Tennessee (“FDSET”) to coordinate
with the Court, the United States Probation Office (“USPO”), and the United States Attorney’s
Office (“USAO”) to identify cases that may be affected by Amendment 821. The Court further
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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 Amendment 821, the Court hereby
APPOINTS FDSET to represent that defendant and file a motion on the defendant’s behalf.
FDSET shall identify any conflicts of interest and shall notify the Court of the conflict and the
identity of an attorney from a special panel of attorneys qualified to handle Amendment 821
matters so that the identified counsel can be appointed by the Court. Any defendant not
previously represented by FDSET or the appointed counsel will need to complete an in forma
pauperis application.
In cases where a pro se motion requesting relief under Amendment 821 is filed, the Court
DIRECTS FDSET to evaluate the defendant’s motion. If FDSET identifies a conflict of interest
in the course of its review, it shall notify the Court of the conflict and the identity of an attorney
from a special panel of attorneys qualified to handle Amendment 821 matters so that the
identified counsel can be appointed by the Court. If FDSET or the appointed counsel determines
that the defendant may qualify for relief under Amendment 821, FDSET or the appointed
counsel shall file a supplemental motion without delay. If FDSET or the appointed counsel
determines that it will not file a supplemental motion in any case evaluated pursuant to this
Order, FDSET or the appointed counsel shall file a notice of no intention to file a supplemental
motion. FDSET or the appointed counsel shall also notify the defendant that it will not file a
supplemental motion. Any motion, supplemental motion, or reply filed by counsel that contains
medical information, information concerning a departure under the sentencing guidelines, or
information concerning a previously-ordered sentencing reduction may be filed under seal
without further need for leave of court. Likewise, any response filed by the Government that
references medical information, information concerning a departure under the sentencing
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guidelines, or information concerning a previously-ordered sentencing reduction may be filed
under seal without further need for leave of court.
USAO shall RESPOND to motions filed pursuant to Amendment 821 within 45 days (a)
after the motion is filed, or (b) in the case of a pro se motion, after the supplemental motion or
notice of no intention is filed. However, if FDSET or other counsel states in the motion or
supplemental motion that the defendant is potentially eligible for immediate release, then USAO
shall RESPOND within 14 days (a) after the motion is filed, or (b) in the case of a pro se
motion, after the supplemental motion is filed. In addition, USAO shall promptly notify FDSET
of pro se filings seeking relief under Amendment 821 and maintain a list of such filings so
FDSET can satisfy its obligations under this Order.
The Court AUTHORIZES USPO to disclose to FDSET a complete list generated by
USPO’s PACTS database of all defendants potentially impacted by Amendment 821. The Court
further AUTHORIZES USPO to disclose any relevant information to FDSET, including, but not
limited to, presentence investigation reports and statements of reasons. For cases involving
appointed CJA counsel or retained counsel, the Court AUTHORIZES USPO to disclose to
appointed counsel or retained counsel presentence investigation reports, statements of reasons,
and other relevant information upon entry of a notice of appearance or order of appointment.
The Court encourages USPO, FDSET, and USAO to assist the Court in identifying any
cases deserving of priority treatment, especially those defendants who may be eligible for
immediate release.
SO ORDERED.
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TRAVIS
RAVIS S R. MCDONOUGH
MCDO ONOUGU H
CHIEF
HIEF UNITED STATES
STATE DISTRICT
T S DI
TE DIST
STRI CT JJUDGE
RICT UDG
UD G
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