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Order in Re: Petitions For Application of Retroactive 2023 Criminal History Amendments to the Sentencing Guidelines

E.D. Va. Standing Order — Order in Re: Petitions For Application of Retroactive 2023 C

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division IN RE: PETITIONS FOR APPLICATION OF RETROACTIVE 2023 CRIMINAL HISTORY AMENDMENT TO THE SENTENCING GUIDELINES STANDING ORDER To ensure an efficient method for resolving motions for sentence reductions based on the retroactive amendment to the Sentencing Guidelines(Amendment 821)in the Alexandria Division, it is hereby ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record. Each worksheet should include the guidelines used when the defendant was originally sentenced; any reductions to that sentence due to Fed. R. Crim. P. 35(b) motions, the First Step Act, or other adjustments; a summary ofthe defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821; and it is further ORDERED that within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment. Ifthere is no response from defense counsel of record or if counsel declines reappointment, the Office ofthe Federal Public Defender will be appointed to represent the defendant, unless it notifies the Court ofa conflict; and it is further ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order ofthe Court. Requests for any other sealed materials must be made by a motion. Entered this /t) day of November,2023. Alexandria, Virginia /s/ Leonie M.Brinkema United States District Judge
Official source: https://www.vaed.uscourts.gov/sites/vaed/files/11.15.23%20Standing%20Order%20re%20Amendmen · retrieved 2026-07-23