FILE D
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
INRE:
§
POTENTIAL RETROACTIVE §
APPLICATION OF THE SUPREME §
COURT'S DECISION IN SESSIONS V §
DIMAYA §
§
STANDING ORDER
Pursuant to the provisions ofthe Criminal Justice Act, Title 18 U.S.C. § 3006A(a)(1) and
(c), and because ofthe need to efficiently process cases affected by Sessions v. Dimaya, 138 S. Ct.
1204 (2018), it is hereby ordered that the Federal Public Defender for the Western District of
Texas is appointed to review the case of any defendant who was previously determined to have
been entitled to appointment of counsel, or who is now indigent, to determine whether that
defendant may qualify for federal habeas relief under either 28 U.S.C. § 2255 or 28 U.S.C.
§ 2241 in light of Dimaya.
The United States Probation Office for the Western District of Texas and the United
States District Court Clerk' s Office for the Western District ofTexas are authorized to disclose
Presentence Investigation Reports, Statements of Reasons, and Judgments to the Federal Public
Defender' s Office for the purpose of determining eligibility for relief under Dimaya.
Should the Federal Public Defender' s Office determine that a defendant may be
eligible for relief under Dimaya, the Federal Defender' s Office will move to be appointed to
represent that defendant and present any petitions, motions, or applications relating thereto to
the Court for disposition.
Ifthe Federal Public Defender's Office or previously appointed counsel believes there
is a conflict that would prevent the Federal Public Defender's Office from reviewing the case of
an individual defendant, counsel shall bring such conflict to the attention of the Court for
adjudication of the issue.
SIGNED this 22nd day of June, 2018.
FOR THE COURT:
ORLANDO L. GARCIA
ChiefUnited States District Judge
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