UNITED STATES DISTRICT COURT
ENTERED
SOUTHERN DISTRICT OF WEST VIRGINIA
FEB - Ll 20!9
RORY L. PERRY II, CLERK
U.S. District Court
Southern District of West Vir lnla
INRE: FIRST STEP ACT OF 2018 (December 21, 2018)
APPLICATION OF FAIR SENTENCING ACT OF 2010
STANDING ORDER
Pursuant to certain provisions of the Criminal Justice Act, Title 18, United
States Code Sections 3006A(a)(l) and (c), the Office of the Federal Public Defender
for the Southern District of West Virginia is hereby appointed to represent any
defendant previously determined to have been entitled to appointed counsel, or who
was previously represented by retained counsel and is presently indigent, to
determine whether the 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 United States Probation Office for the Southern District shall provide
the Office of Federal Public Defender for the Southern District and the United
States Attorney for the Southern District a list of all known potential defendants
where relief under the First Step Act may be applicable.
For those defendants determined by the United States Probation Office to
have potential eligibility for a reduction of sentence in accordance with Section 404
of the First Step Act of 2018, the Probation Office is authorized to disclose
presentence Investigation reports, Judgment and commitment order, and
Statements of Reasons to the Office of the Federal Public Defender and the United
States Attorney for purposes of determining eligibility for relief. In accordance with
Federal Bureau of Prisons policy, no Presentence Investigation Reports or
Statements of Reasons shall be provided to inmates.
For purposes of filing a motion on behalf of any defendant in a closed criminal
case seeking relief under Section 404 of the First Step Act of 2018 for reduction of
sentence, the United States Probation Office is authorized without further order to
provide to the Office of the Federal Public Defender and the United States Attorney
the Presentence Investigation Report, Statement of Reasons, and the Judgement
and Commitment Order. In accordance with Local Rule of Criminal Procedure
32.2(d), this order does not authorize disclosure of the probation officer's
recommendation as to sentence to anyone other than the court.
The Office of the Clerk of the Southern District of West Virginia shall notify
the Office of the Federal Public Defender of all pro se motions filed seeking relief
under Section 404 of the First Step Act by Notice of Electronic Filing (NEF) through
the CM/ECF system, so the Federal Public Defender can assume representation in a
timely fashion. If the Office of the Federal Public Defender receives directly or
otherwise becomes aware of any such pending motions, that office shall advise the
Probation Office. If the Probation Office receives directly or otherwise becomes
aware of any such pending motions, that office shall advise the Office of the Federal
Public Defender.
In the event that the sentencing Judge in the original proceeding is no longer
a member of the Bench of this District, the case shall be reassigned.
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SO ORDERED this 4th day of February, 2019.
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ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
~< ?- ~
IRENE C. BERGE
UNITED STA TES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA
Jo~penhaver, Jf.
Senior United States District Judge
David A. Faber
Senior United States District Judge
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