FILED
FILED
UNITED STATES DISTRICT COURT CLERK’S OFFICE
CLERK’S OFFICE
EASTERN DISTRICT OF TENNESSEE United
UnitedStates
StatesDistrict
DistrictCourt
Court
Eastern District of Tennessee
Date: Oct 28, 2019, 3:41 pm
IN RE: )
) SO-19-09
UNITED STATES v. DAVIS CASES )
STANDING ORDER
In United States v. Davis, – U.S. –, 139 S. Ct. 2319 (2019), the Supreme Court held that
the substantial-risk clause of the crime-of-violence definition in Title 18 United States Code
section 924(c)(3)(B), is unconstitutionally vague. Id. at 2336. Accordingly, defendants whose
convictions or sentences rest upon section 924(c)(3)(B) may be eligible for relief.
Because of the need to efficiently process petitions under Davis, 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 Davis. 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.
In cases where the defendant has raised the Davis issue and where FDSET determines that it will
not file a § 2255 petition, then FDSET shall file a notice of no intention to file a motion for relief
pursuant to Davis.
If FDSET or another attorney appointed pursuant to this Order files a § 2255 petition based
on Davis, the USAO shall respond within 45 days. Pro se filings seeking relief based on Davis
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 Davis 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
Davis 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:
Pamela L. Reeves
Chief United States District Judge
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