FILED
2020 JUN 19
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN RE: CASE MANAGEMENT OF GENERAL ORDER
MOTIONS BASED UPON
Rehaif v. United States, No. 20-018
____ U.S. ____, 139 S. Ct 2191 (2019)
Pursuant to the discretion of the Court and the Court’s obligation to promote judicial
economy and the orderly working of the judiciary, and based on agreement between the Office of
the Federal Public Defender and the U.S. Attorney’s Office for the District of Utah, the Court
establishes the following case-management procedures to address the motions expected to be
filed under 28 U.S.C. § 2255 in light of Rehaif v. United States, 139 S. Ct. 2191 (2019). As
authorized by the Court's Standing Order No. 20-013, the Office of the Federal Public Defender
for the District of Utah has reviewed the cases of defendants previously declared indigent to
assess whether the defendants may qualify for relief under Rehaif. The Federal Defender's Office
expects to file approximately 150 motions with the district court on or before June 25, 2020.
These motions will challenge the validity of convictions based upon the failure to advise
defendants of an element of the offense, as described in Rehaif. Currently, the basis for many of
these claims is foreclosed by Tenth Circuit precedent. United States v. Trujillo, __ F.3d ___,
2020 WL 2745526 (May 27, 2020). Thus, the Federal Defender Office is filing these petitions to
preserve the claims in the event that the Tenth Circuit or Supreme Court rejects this rule on en
banc review or on certiorari. See United States v. Gary, 954 F.3d 194 (4th Cir. 2020).
Because these motions are being filed without having first consulted with individual
petitioners, all motions filed pursuant to this standing order will be automatically stayed by the
Clerk of Court for three months in order to allow the Federal Public Defender to ascertain the
petitioners’ desire to pursue the motion. Further stays as necessary to accomplish this task may
be sought as necessary either by motion in individual cases or by agreement.
IT IS SO ORDERED this 19th day of June, 2020.
__________________________________________
Robert J. Shelby
Chief United States District Judge
