UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
RE: STANDING ORDER FOR ADOPTION
OF STANDARD PROCEDURES FOR PETITIONS
SEEKING RETROACTIVE APPLICATION OF THE
2007 CRACK COCAINE GUIDELINE REDUCTIONS
ltREf:.. L. DEPPNER CLERK
U.S. [}strict c:ourt
Sc,utrerr~ District of V-./?st Virgfnia
ORDER
On November 1. 2007, the United States Sentencing Guidelines were amended to reduce by
two levels the guidelines in Section 2D 1.1 for cocaine base (also known as crack). Subsequently,
the Sentencmg Commission amended Section 1B1.10 to make the crack amendment retroactive,
effective March 3, 2008. This retroactivity produces the opportunity for offenders to file petitions
under 18 U.S.C. § 3582(c)(2) seeking sentence reductions. Further, sentences may be reduced based
upon these amendments on the motion of the court.
After due consideration by the Judges in this district, it is hereby ORDERED that the
following procedures be implemented in anticipation of the large number of these petitions that are
likely to be filed in this district:
I. IDENTIFICATION OF POTENTIALLY ELIGIBLE OFFENDERS
a. In addition to petitions filed by offenders, the United States Probation Office,
working with the Federal Public Defender, will compile a list of potentially eligible
offenders.
b. This list of petitioning offenders and others who may be eligible will be given to
the Chief Judge, who will divide the list and forward it to the respective District
Judges to whom the cases will be assigned.
c. For each offender, the Probation Office will prepare the following materials and
forward them to both the District Judge and the United States Attorney's Office:
1. The original Presentence Investigation Report;
2. The original Judgment and Commitment Order and Statement of
Reasons;
3. The plea agreement, if any; and
4. An addendum to the Presentence Investigation Report providing an
analysis of the offender's eligibility for consideration a reduction,
a summary of the available information on the conduct of the offender
while incarcerated, and a recalculation of the applicable guidelines
pursuant to the crack reduction amendments.
DESIGNATION OF OFFENDERS FOR EXPEDITED CONSIDERATION
District Judge will review the materials provided by the Probation Office to
determine which cases should be designated for Expedited consideration. Expedited
consideration may be given to any offender. If the offender is not given Expedited
consideration, the case may proceed to the Standard procedure.
EXPEDITED CONSIDERATION
a. If the District Judge designates a case (or list of cases) for Expedited
consideration, the District Judge will enter the form order notifying United States
Attorney's Office of its designation and giving the United States Attorney's Office
seven calendar days, excluding federal holidays, to raise any objection to a reduction.
b. If the United States Attorney's Office objects, the District Judge may:
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1. Overrule the objection and proceed with Expedited consideration; or
2. Refer the case to the Standard procedure.
c. If no objection is asserted, the District Judge will proceed to consider the
appropriate factors under 18 U.S.C. § 3553(a), as consistent with Section 3582(c)(2),
as well as public safety.
d. The District Judge may then either enter the form order granting the two level
reduction and lowering the sentence to the bottom of the new guideline range, or
refer the case to the Standard procedure.
e. Counsel is not appointed under the Expedited procedure.
f. A District Judge may refer any case to the Standard procedure at point during
Expedited consideration.
STANDARD PROCEDURE
a. If a case enters the Standard procedure, and the District Judge finds that the
offender is not eligible for a reduction, the proceeding ends and the petition, if any,
is dismissed.
b. If the offender appears to be eligible, the District Judge may the Federal
Public Defender to undertake the representation of the offender or appoint counsel.
The District Judge may order the parties to submit memoranda on the issues of
whether a reduction should be given, and if so, how much of a reduction. The
District Judge may also conduct a hearing. Offenders appear by
videoconference when it is feasible.
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c. The District Judge, after consideration of the appropriate factors 18 U.S.C.
§ 3553(a), as consistent with Section 3582(c)(2), as well as public will either
deny the petition or reduction or enter the form order granting appropriate
reduction.
d. At any time throughout this Standard procedure, the parties propose an
agreed resolution of the case.
FRAMES
a. These procedures will be initially utilized for the offenders whose release would
occur, if they were to receive the full benefits of the amendments, between March 3,
2008 and June 30, 2008. Thereafter, groups of offenders will considered as
follows:
Release Date If Full Relief Procedure to Begin No Later Than
July 1, 2008 - December 31, 2008 April 15, 2008
January 1, 2009 - December 31, 2009 October 15, 2008
Future calendar years July 1 of the previous year
The procedure begins when the Chief Judge forwards the lists of potentially eligible
offenders to the other members of the District Court.
b. With regard to petitions that may be filed in advance of these time frames,
individual District Judges may choose to proceed in advance of time frames,
utilizing the other procedures set forth herein.
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FORM ORDERS
Form orders approved by the District Court are attached to this Order to simplify and
streamline the handling of these cases.
ENTER:
JOSEPH R.. GOODWIN
~hief Judge, United St~1tes District
J(,:;:;4~i~VE~
United States District Judge
DAYID A. FABER
United States District Judge
;.,,.""/
/ \,.;:,µ
ROBERT C. CHAMBERS
United States District Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
[DIVISION]
UNITED STATES OF AMERICA,
Plaintiff,
V. CRIMINAL ACTION NO. [NUMBER]
[NAME],
Defendant.
ORDER
Pending before the Court is a motion, brought pursuant to 18 U.S.C. § 3582(c)(2), to reduce
Defendant's sentence based on a subsequent reduction in the applicable sentencing guideline. On
November I, 2007, the United States Sentencing Guidelines were amended to reduce by two levels
the guidelines in Section 2Dl.l for cocaine base (also known as crack). Subsequently, the
Sentencing Commission amended Section 1B1.10 to make the crack amendment retroactive,
effective March 3, 2008. Pursuant to a Standing Order entered on [DATE], the Court, in
consultation with the United States Probation Office, has designated this Defendant for Expedited
consideration.
The United States Attorney's Office is ORDERED to file any objection to a sentence
reduction for this Defendant within seven days of entry of this Order. The Clerk is DIRECTED to
send a copy of this Order to Defendant [and counsel], the United States Attorney, and the United
States Probation Office.
ENTER: [DATE]
[NAME]
UNITED STATES DISTRICT JUDGE
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
[DIVISION]
UNITED STATES OF AMERICA,
Plaintiff,
V. CRIMINAL ACTION NO. [NUMBER]
[NAME],
Defendant.
MEMORANDUM OPINION AND JUDGMENT ORDER
Pending before the Court is a motion, brought pursuant to 18 U.S.C. § 3582(c)(2), to reduce
Defendant's sentence based on a subsequent reduction in the applicable sentencing guideline. On
November 1, 2007, the United States Sentencing Guidelines were amended to reduce by two levels
the guidelines in Section 2Dl.l for cocaine base (also known as crack). Subsequently, the
Sentencing Commission amended Section 1B 1.10 to make the crack amendment retroactive,
effective March 3, 2008. Pursuant to a Standing Order entered on [DATE], this case was designated
for [Expedited/Standard] consideration.
The Court has received and considered the original Presentence Investigation Report (PSI),
original Judgment and Commitment Order and Statement of Reasons, [plea agreement,] and
addendum to the PSI from the Probation Office, [conducted a hearing on [DATE],] and received any
materials submitted by the parties on this issue. The Court has also considered the applicable factors
under 18 U.S.C. § 3553(a), consistent with§ 3582(c)(2), and public safety.
[INSERT FINDINGS]
Based on the foregoing considerations, the Motion is GRANTED. The Court ORDERS that
Defendant's base offense level be reduced by_ levels, resulting in a new total offense level of_.
It is further ORDERED that Defendant's previous sentence be reduced to a period of_ months,
with credit for time served to date.
The Court DIRECTS the Clerk to send a copy of this Order to Defendant and counsel, the
United States Attorney, the United States Probation Office, and the United States Marshals.
ENTER: [DATE]
[NAME]
UNITED STATES DISTRICT JUDGE
