⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS A cauls
SAN ANTONIO DIVISION
IN RE:
§
POTENTIAL RETROACTIVE §
APPLICATION OF THE §
SUPREME COURT’S DECISION §
IN REHAIF V. UNITED STATES §
§
STANDING ORDER
Pursuant to the provisions of the Criminal Justice Act, Title 18 U.S.C. § 3006A(a)(1) and
(c), and because of the need to efficiently process cases affected by Rehaifv. United States, 139 S.
Ct. 2191 (2019), 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 Rehaif.
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
Presentence Investigation Reports, Statements of Reasons, and Judgments to the Federal Public
Defender’s Office for the purpose of determining eligibility for relief under Rehaif.
Should the Federal Public Defender’s Office determine that a defendant may be eligible
for relief under Rehaif, 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.
If the 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.
, a
ful
Sineteni’ day of td ‘| , 2019.
FOR THE COURT:
BWV
ORLANDO L. GARCIA
Chief United States District Judge
