FILED
U.S. DISTRICT COURT
UNITED STATES DISTRICT COURT DISTRCIT OF VERMONT
FOR THE 10/26/2021
DISTRICT OF VERMONT
IN RE: )
AMENDED ORDER ON MOTIONS )
SEEKING RELIEF UNDER THE )
FIRST STEP ACT OF 2018 )
GENERAL ORDER #104
This order amends and supersedes General Order No. 83. The reason for the amendment
is to allow the Federal Public Defender 90 days to file any supplemental pleading in
support of motions seeking relief under the First Step Act of 2018, and to allow the United
States 30 days to file a response to the defendant’s motion.
The First Step Act of 2018 granted retroactive application of the Fair Sentencing Act of
2010. 124 Stat. 2372. The Office of the Federal Public Defender for the District of Vermont is
hereby appointed to represent any defendant previously determined to have been entitled to
appointment of counsel, or who was previously represented by retained counsel and is presently
indigent, to determine whether that defendant may qualify to seek reduction of sentence and to
present any motions or applications for reduction of sentence in accordance with Section 404 of
the First Step Act of 2018.
The Federal Public Defenders Office for the District of Vermont is also hereby appointed
to represent any defendant previously determined to have been entitled to appointment of
counsel, or who was previously represented by retained counsel and is presently indigent, to
determine whether that defendant may be eligible for compassionate release from incarceration
in accordance with Section 603 of the First Step Act of 2018. Should the Federal Public
Defender be unable to represent a defendant bringing a motion under Section 603, substitute
Criminal Justice Act counsel may seek leave to appear on defendant’s behalf pursuant to 18
U.S.C. § 3006A(c) (representation may be furnished for financially eligible persons in “ancillary
matters appropriate to the proceedings”). Any such appearance is voluntary on the part of
counsel initially, but the attorney-client relationship attaches upon appearance. Such appointment
will not prevent counsel from later seeking to withdraw from the representation.
Upon counsel’s appearance on behalf of a defendant seeking relief under the First Step
Act, the United States Probation Office for the District of Vermont and the United States
District Court Clerk’s Office for the District of Vermont are authorized to disclose to counsel,
without further order, case records including Presentence Investigation Reports, Judgments in a
Criminal Case, Statements of Reasons, criminal history records, and any sealed documents for
purposes of determining whether to file, or filing, a motion on behalf of any defendant. However,
this Order does not apply to and does not authorize disclosure of the United States Probation
Office’s sentencing recommendation. Counsel should be mindful that Presentence Reports and
Statements of Reasons are confidential documents (Local Criminal Rule 57.1) and that under
Federal Bureau of Prisons policy inmates are not permitted to possess Presentence Reports or
Statements of Reasons. (Inmates may, however, make a request to Bureau of Prisons staff to be
allowed to review Presentence Reports and Statements of Reasons.)
In accordance with this Order, the Clerk is directed to notify the Office of the Federal
Public Defender for the District of Vermont of any motions seeking relief under Section 404 of
the First Step Act for retroactive application of the Fair Sentencing Act or Section 603 of the
First Step Act for compassionate release. After being notified, the Office of the Federal Public
Defender will have 90 days to file any supplemental pleading in support of the motion.
(1) The United States shall file a response to the defendant’s motion within 30 days; and
(2) The defendant may file a reply within 14 days of the United States’ response.
SO ORDERED.
Dated at Burlington, in the District of Vermont, this 26th day of October, 2021.
____________________________________
Geoffrey W. Crawford
Chief Judge
