IN THE UNITED STATES DISTRCT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
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RE: ST ANDING ORDER FOR DISCLOSURE OF JM I 4 20l6
PRESENTENCE INVESTIGATION REPORTS TO
DETERMINE RETROACTIVE APPLICATION OF
JOHNSON V. UNITED STATES, 135 S.Ct. 2551 (2015) TERESAL.DEPPNER, CLERK
U.S. District Court
Southern District of West Virginia
ORDER
The Court issues this Order for purposes of judicial efficiency. In anticipation of the review
of cases potentially affected by the decision in Johnson v. United States, 135 S. Ct. 2551 (20 15),
IT IS HEREBY ORDERED that the Chief United States Probation Officer for the Southern
District of West Virginia shall disclose to the Federal Public Defender or Court-appointed Panel
counsel and the United States Attorney the Presentence Investigation Report ("PSR") in any case
identified by the United States Sentencing Commission as potentially being eligible for reliefunder
Johnson. This includes, but is not limited to, those cases in which the defendant was convicted or
sentenced under (1) the Armed Career Criminal Act; (2) as a career offender; (3) under 18 U.S.C .
§924(c) for the use, carrying, or possession of a firearm during the commission of a crime of
violence ; or (4) any other authority in which the definition of a crime of violence contains a
residual clause. Review of the PSR is essential to allow those parties to determine whether those
defendants may qualify for federal habeas relief under either 28 U.S.C. § 2255 or 28 U.S.C. § 2241
in light of Johnson.
The Court' s Standing Order of May 20, 2016, for disclosure of PS Rs for career offender
cases is hereby ABROGATED as of the date of the entry of this Order.
The Court' s Standing Order of May 31 , 2016, referring certain petitions filed under
Johnson to Magistrate Judge Dwane L. Tinsley for Armed Career Criminal Act defendants remains
in full force and effect. All other Johnson matters will be assigned and referred for disposition
pursuant to the Standing Order In Re : Assignment and Referral of Civil Actions and Matters to
Magistrate Judges entered January 4, 2016.
ENTERED this 14th day of June, 2016.
ENTER:
ROBERT C. CHAMBERS
Chief Judge, United States District Court
