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UNITED STATES DISTRICT COURT 1J ~' "·/~" "· .·- ;·.. LJ
DISTRICT OF UTAH ~ ,.J. u ,) 1RICT GOUPH
ZUI~ ocr .. 8 ~'.'.) 'Li: Lt 0
IN RE: RETROACTIVE APPLICATION
OF u.s.s.d. AMENDMENT 782
Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. §§ 3006A(a)(l) and (c),
and in accordance with the retroactive application of U.S.S.G. Amendment 782, the Office of the
Federal Public Defender for the District of Utah is appointed to represent any defendant
previously determined to have been entitled to appointment of counsel or found indigent by the
Court (i) whose name appears on the lists of defendants potentially qualifying for a reduction of
sentence supplied by the United States Sentencing Commission, Administrative Office of the
United States Courts, United States Probation Office, Federal Public Defender's Office, or the
United States Attorney for the District .of Utah or (ii) who files a pro se motion for relief seeking
a sentence reduction under the retroactive application ofU.S.S.G. Amendment 782.
The Federal Public Defender's Office shall represent those defendants with respect to any
possible motfons for reduction of sentence pursuant to U.S.S.G. Amendment 782 and 18 U.S.C.
§ 3582(c)(2). The appointment is limited to those cases affected or potentially affected by this
amendment and will terminate upon the district court's ruling or the conclusion of the appellate
process, unless otherwise ordered by the Court. The Federal Public Defender's Office shall
determine whether conflicts of interest preclude it from representation, and shall notify the Court
upon identifying a prohibitive conflict, and the Court will consider appointing a member of the
Criminal Justice Act panel of this district.
The Prnhation Office is authorized to disclose the defendants' Presentence Investigation
Reports or Modified Presentence Investigation Reports, JUdgments, and Statements of Reasons
to the Federal Public Defende( s Office or retained counsel and the United States Attorney's
. .
Office. In accordance with the policy of the Federal Bureau of Prisons, no Presentence
Investigation Reports, Modified Presentence Investigation Reports, or Statements of Reasons
shall be provided to inmates.
The Office of the Clerk of the Court is authorized to disclose to the Federal Public
Defender's Office or retained counsel and the United States Attorney's Office documents from
the defendants' case files that are not otherwise available through the judiciary's Public Access
to Court Electronic Records ("PACER'') service to determine the defendants' eligibility, the
extent for relief~ and conflicts. Specifically, the Clerk's Office may disclose U.S.S.G. § 5Kl.1
motions and orders, motions and orders related to Fed.R.Crim. 35, plea agreements, charging
documents, notices of enhancements under 21 U.S.C. § 851, transcripts available pursuant to
Judicial Conference policy, verdicts, orders related to U.S.SrG· Amendment 505, and motions
under 28 U.S.C. § 2255. The Federal Public Defender's Office may not distribute such
documents except to subsequently appointed counsel, unless otherwise ordered by the Court.
Subsequently appointed or retained counsel may not further distribute such documents, unless
otherwise ordered by the Court.
Representatives of the United States Attorney's Office, the Federal Defender's Office,
the United States Probation Office, and the Office of the Clerk.of Court will meet regularly to
review pending motions for !'eduction of sentence and provide recommendation to the court. The
Clerk of Court will ensure that the motions and pleadings seeking a sentence reduction, or in
opposition to such reductions are filed in the original criminal proceeding. If the sentencing
judge is no longer available, the clerk shall reassign the case so that the motion will be
addressed.
SO ORDERED. This 7th day of October 2014.
~f..1.JC. _
DAVID NUFFER ~~~~
Chief United States District Judge
