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UNITED STATES DISTRICT COURT
5 WESTERN DISTRICT OF WASHINGTON
6 AT SEATTLE
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IN RE: PETITIONS FOR RETROACTIVE ) GENERAL ORDER NO. 07-19
9 APPLICATION OF REHAIF V. UNITED ) RE: REHAIF V. UNITED STATES
STATES, No. 17-9560, 588 U.S. ___ (2019) )
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In Rehaif v. United States, 588 U.S.___, 139 S.Ct. 2191, 204 L. Ed. 2d 594 (2019) the
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United States Supreme Court held that in 18 U.S.C. § 922(g), the “word ‘knowingly’ applies
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both to the defendant’s conduct and to the defendant’s status.” 204 L. Ed. 2d at 599. This holding
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abrogates United States v. Enslin, 327 F.3d 788, 798 (9th Cir. 2003) (citing United States v.
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Miller, 327 F.3d 788 (9th Cir. 1997)), among other cases.
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To promote the efficient processing of motions for relief pursuant to 28 U.S.C. § 2255 as
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a result of the Rehaif decision, the United States District Court for the Western District of
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Washington adopts the following order:
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Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. §§ 3006A(a)(1)(H) and
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(I) and 3006A(c), the administrators for the Criminal Justice Act in the Western District of
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Washington (“CJA”) are authorized to appoint counsel for any defendant previously determined
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to have been entitled to appointment of counsel or found indigent by the Court, or who is now
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indigent, to determine whether that defendant may qualify to seek relief under the Rehaif
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decision.
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1 CJA will presumptively appoint the Federal Public Defender’s Office unless there is a
2 prohibitive conflict in which the prospective client’s interests are materially adverse to those of
3 a current or former client. In such cases, new counsel from the CJA panel will be appointed. In
4 cases where former CJA counsel requests reappointment in a case, the CJA Administrator will
5 reappoint former CJA counsel to represent the defendant.
6 The Probation Office is authorized to disclose defendants’ Presentence Investigation
7 Reports or Modified Presentence Investigation Reports, Judgments, and Statements of Reasons
8 to the Federal Public Defender’s Office, CJA panel attorney or retained counsel, and the U.S.
9 Attorney’s Office. The Probation Office is further authorized to provide the FPD with data from
10 its PACTS database in order to assist the FPD in identifying the universe of defendants who may
11 be eligible for relief.
12 The United States District Court Clerk’s Office is authorized to notify the Federal Public
13 Defender of any pro se motions for relief filed pursuant to the decision in Rehaif. The FPD shall
14 assist the Clerk’s Office in determining whether a particular pro se motion for relief is based on
15 Rehaif.
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17 Dated this 19th day of July 2019.
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19 A
RICARDO S. MARTINEZ
20 CHIEF UNITED STATES DISTRICT JUDGE
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