FILED
2020 JUN 25 PM 1:19
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN RE: Motions for Compassionate GENERAL ORDER
Release Under Section 603(b) of the
No. 20-019
First Step Act of 2018
On December 21, 2018, the President signed into law the Formerly Incarcerated
Reenter Society Transformed Safely Transitioning Every Person Act, Pub. L. 115-391,132
Stat. 5194 (2018) (“the First Step Act” or the “the Act”). Section 603(b) of the First Step
Act reforms 18 U.S.C. § 3582(c)(1)(A) and allows a defendant to directly request
compassionate release from a federal court. In particular, a defendant may file a motion in
federal court “after the defendant has fully exhausted all administrative rights to appeal a
failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of
30 days from the receipt of such a request by the warden of the defendant’s facility,
whichever is earlier.” 18 U.S.C. § 3582(c)(1)(A)(i).
Appointment of Counsel. Pursuant to the Criminal Justice Act, 18 U.S.C. §§
3006A(a)(1) and (c), the Office of the Federal Public Defender for the District of Utah
(FPD) is hereby appointed to represent any defendant convicted in this District, who was
previously determined to have been entitled to appointment of counsel—or who is now
indigent—to decide whether the defendant is eligible to petition the Court for
compassionate release under Section 603(b) of the First Step Act of 2018, 18 U.S.C. §§
3582(c) and (d), and, where appropriate, to file a motion for compassionate release.
If the FPD has a prohibitive conflict or other good cause supports appointment of
outside counsel, where the FPD determines that the motion would not be frivolous, the
FPD will file a motion requesting that CJA counsel be appointed according the regular
1
procedures of the District of Utah for the appointment of counsel.
In the case of a defendant who was previously represented by a member of the
Criminal Justice Act Panel, and where the CJA counsel expresses a willingness to
represent the defendant in pursuing compassionate release, CJA counsel is hereby
appointed under this Order to determine whether the defendant is eligible to petition the
Court for compassionate release under Section 603(b) of the First Step Act of 2018, 18
U.S.C. §§ 3582(c) and (d), and, where appropriate, to file a motion for compassionate
release.
Clerk’s Office to Notify FDP of Pro Se Motions. The Clerk’s Office will promptly
notify the FPD of all pending and newly filed pro se motions seeking compassionate
release.
Financial Affidavit. Any defendant who was not previously represented by the
FPD or CJA counsel must complete a financial affidavit. Because of the current
pandemic, defense counsel may sign the affidavit on behalf of the defendant, after
receiving the defendant’s consent, and file the financial affidavit electronically prior to
filing a motion for compassionate release.
Response to Motion. Unless the court orders otherwise, the United States is
directed to respond to a motion for compassionate release within thirty days of the FPD
filing the motion (or supplementing a pro se motion). If the court has already established
deadlines pertaining to existing motions, those deadlines are not modified by this Order.
Duties of the United States Probation Office. For purposes of determining
eligibility and preparing compassionate release motions, the Court directs the United
States Probation Office for the District of Utah to disclose Presentence Investigation
Reports, Judgments in a Criminal Case, and Statements of Reasons, if requested by the
2
Federal Public Defender’s Office for the District of Utah, CJA counsel, privately retained
counsel, and the United States Attorney’s Office for the District of Utah.
In addition, unless otherwise ordered by the court, the United States Probation
Office is directed to prepare a report within fourteen calendar days of the FPD filing a
motion (or a supplement to an existing pro se motion). The report will be filed as a
restricted document in CM/ECF.
Case Management. All requests for compassionate release shall 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 shall be reassigned on a random basis pursuant to
DUCrimR 57-2.
SO ORDERED this 25th day of June, 2020.
THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
3
