⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
FILED
UNITED STATES DISTRICT COURT JAN - 9 2019
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
STANDING APPOINTMENT ORDER
Section 404 of the First Step Act, enacted December 21, 2018, made the
amended statutory mandatory minimum penalties in the Fair Sentencing Act of
2010 retroactive to defendants sentenced for cocaine base offenses under the pre-
FSA penalty provisions. The First Step Act creates a freestanding remedy that
allows courts to impose reduced sentences on any prisoner who is still serving a
sentence for a cocaine base offense if that sentence was imposed under the pre-FSA
penalty provisions. In the interest of applying this sentencing reform fairly,
expeditiously, and without undue expenditure of judicial resources, the Court has
decided to appoint the Federal Public Defender’s Office to represent defendants who
are potentially eligible for a sentence reduction under the Act.
Accordingly, it is hereby ORDERED that the Federal Public Defender is
appointed to represent any defendant potentially eligible for a sentence reduction
under Section 404 of the First Step Act. This Order does not extend to a defendant
(1) who has retained counsel, or had other counsel appointed to pursue the
reduction, (2) who is not financially eligible for appointment of counsel under 18
U.S.C. § 3006A, or (8) whose case presents a conflict that would prevent the Federal
Public Defender from acting on the defendant’s behalf.
It is further ORDERED that the United States Probation Office for the
Western District of Texas and the United States District Court Clerk’s Office for the
Western District of Texas are authorized to disclose to the Federal Public Defender
Presentence Investigation Reports, Statements of Reasons, Judgments, and Plea
Agreements for potentially eligible persons identified by the Defender.
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Signed this day of Sit mY al Vien
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ORLANDO L. GARCIA °
Chief United States District Judge
