FILED
2022 DEC 13
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF MOTIONS FOR General Order
COMPASSIONATE RELEASE 22-022
To ensure the just and speedy resolution of a Motion for Compassionate Release
under 18 U.S.C. § 3582 (Motion), the court revises and supersedes the procedures
established in General Order 20-019.
1. Clerk’s Office Notice of Pro Se Motions to FPD and USAO. The Clerk’s
Office will electronically notify the Federal Public Defender's Office for the District of
Utah (FPD), United States Probation Office for the District of Utah (USPO), and the
United States Attorney's Office (USAO) for the District of Utah of all newly filed pro se
Motions seeking compassionate release.
2. Court Screening of the Motion. Within 14 days after a Motion is filed, the
court will screen the case to:
a. verify whether the requirements of 18 U.S.C. § 3582(c)(1)(A) have been
satisfied; and
b. determine that, if it plainly appears from the Motion and any attached
exhibits, the defendant is not entitled to relief.
If the Motion demonstrates that the defendant is not entitled to relief (e.g., the
defendant has failed to exhaust all administrative rights, filed a successive motion to a
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previously denied motion without identifying new extraordinary or compelling
circumstances), the court will issue an order denying the Motion.
3. Duty of FPD. If the court has not entered an order denying the Motion,
FPD must, 21 days after the Motion is filed:
a. review motions filed by defendants who were previously represented by
the FPD; or
b. notify CJA or private counsel who represented defendants of the Motion
and this Order and file that notice with the court. The notice shall state
whether CJA or private counsel is no longer practicing law or otherwise
unavailable to provide representation.
4. Deadline for Notice Declining to Appear, Appearance of Counsel, or
Motion to Appoint Counsel. 28 days after the Motion is filed, previous counsel must
file a:
a. notice declining to appear in the case, which may identify any conflict or
other good cause;
b. limited appearance (consistent with DUCivR 83-1.3(b)) to assist with
briefing and argument at any hearing related to resolution of the Motion. A
limited appearance must include a statement, signed by or on behalf of
the defendant, confirming that under DUCivR 83-1.3(b) the defendant (i) is
aware of and consents to the limited appearance to assist only with
briefing and argument at any hearing in this court related to resolution of
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the Motion and (ii) understands they are responsible for all matters not
specifically identified in the appearance; or
c. motion requesting appointment of CJA counsel for indigent defendants
whom previous counsel cannot represent because of conflict or other
good cause. If more time is needed to verify the defendant’s financial
status, previous counsel must move the court for additional time. Previous
counsel may sign a financial affidavit on behalf of the defendant, after
receiving the defendant's consent. The clerk shall refer the motion to
appoint CJA counsel to the duty magistrate judge.
5. Appearance of Counsel and Notice Regarding Supplement to Motion.
A notice must accompany an appearance of counsel, or in the case of newly appointed
CJA counsel, the notice must be filed within 14 days of appointment. The notice must
state:
a. whether a supplement to the Motion will be filed; and
b. the date by which any supplement will be filed which must be within 28
days of the filing of the notice unless the court on motion grants additional
time.
6. Duties of the USPO and USAO. Upon defense counsel’s request, the
USPO or USAO are authorized, to the extent permitted by Bureau of Prisons policy, to
disclose any Sentry Report data on the defendant’s security level, treatment, education,
medical conditions, discipline, and any other relevant records for the purpose of
determining eligibility for compassionate release. Additionally, upon request, the USPO
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may provide counsel with the defendant’s Presentence Investigation Report, which is
confidential and must be destroyed 7 days after the Motion is decided.
7. Response to Motion. Unless the court orders otherwise, 28 days after
the notice regarding supplement to motion or supplement to the Motion is filed,
whichever occurs last, the United States must respond.
8. Reply. Unless the court orders otherwise, any reply must be filed14 days
after a response is filed.
9. USPO Report. Unless the court orders otherwise, 14 days after the United
States files its response, the USPO is directed to prepare and file its report related to
the Motion. The report must be filed as a sealed document in CM/ECF.
10. Case Management. All Motions must be filed in the original criminal case.
If the presiding judge in the original proceeding is no longer serving as a judge in this
District, the case must be reassigned on a random basis consistent with DUCrimR 57-2.
The procedures and schedules in this General Order may be modified by an order
entered in a specific case.
SO ORDERED this 13th day of December, 2022.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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