⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS FILED
DEL RIO DIVISION
APR 18 2016
In re: Potential Retroactive CLERK, U.S. DISTRICT CLERK
Application of the Supreme eetann DISTRICT OF TEXAS
Court’s Johnson vy. United States aaah
Decision
DEPUTY
STANDING APPOINTMENT ORDER
Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1) and (c),
and because of the need to efficiently process cases affected by Johnson y. United States, 135 S.
Ct. 2551 (2015), it is hereby ordered that the Federal Public Defender for the Western District of
Texas is appointed to represent defendants who are or may potentially be affected by the
Johnson decision to determine whether those defendants may qualify for federal habeas relief
and to request relief for those they determine qualify. The defendants affected by this Order are
those who are listed on the United States Sentencing Commission’s lists of defendants still
serving sentences under the Armed Career Criminal Act and Guideline §4B1.1, those who may
be included on lists of defendants sentenced under other statutory and guideline provisions
implicated by Johnson, and those who do not appear on these lists but nonetheless may be
eligible. A running list of potentially affected defendants, the “Johnson list,” shall be maintained
by the Federal Public Defender and made available to the Court. Such appointment does not
extend to defendants not eligible for appointed counsel under 18 U.S.C. § 3006A or to cases
where other counsel has already been appointed or retained. The appointment will terminate
upon the district court’s ruling or the conclusion of the appellate process, unless otherwise
ordered by the Court.
Accordingly, it is hereby ORDERED that the Federal Public Defender is appointed to
represent defendants seeking to raise a claim pursuant to Johnson v. United States, 135 S. Ct.
2551 (2015) and who are named on the Western District of Texas’s “Jo/nson list,” which is
maintained on the Federal Public Defender Western District of Texas website.!
This Order does not extend to a defendant (1) who has retained counsel or (2) who is not
financially eligible for appointment of counsel under 18 U.S.C. § 3006A. If the Federal Public
Defender’s Office or previously retained or appointed counsel believes there is a conflict that
would prevent the Federal Public Defender’s Office from continuing its representation of an
individual defendant, counsel shall bring such conflict to the attention of the Court for
adjudication of the issue. If a conflict prevents the Federal Public Defender from acting on
behalf of a financially eligible defendant, the Federal Public Defender must file a motion to
substitute other counsel.
The Probation Office is authorized to disclose to the Federal Public Defender’s Office
and the U.S. Attorney’s Office documents relevant to this appointment, including the defendant's
Presentence Investigation Report, Judgment, and Statement of Reasons.
The Office of the Clerk of Court for the Western District of Texas is authorized to
disclose to the Federal Public Defender’s Office and the U.S. Attorney’s Office, documents from
the defendant’s case file that are not otherwise available through the judiciary’s Public Access to
Court Electronic Records (“PACER”) service to determine the defendant's eligibility, the extent
of relief, and the conflicts. The Federal Public Defender’s Office may not disclose these
materials except to subsequently appointed counsel, unless otherwise ordered by the Court.
Signed this i day of April, 2016.
ALIA MOSES VA i
United States District Judge
"If this Order is filed in the defendant’s case, that defendant is included in the “Johnson list.”
