FILED
IN THE UNITED STATES DISTRICT COURT 8:07 am, 9/25/20
Margaret Botkins
FOR THE DISTRICT OF WYOMING Clerk of Court
IN RE: GENERAL ORDER NO. 20-05-A
COMPASSIONATE RELEASE UNDER
SECTION 603(b) OF THE FIRST STEP
ACT OF 2018
AMENDED GENERAL ORDER TO ALLOW APPOINTMENT OF COUNSEL
FOR COMPASSIONATE RELEASE PROCEEDINGS AND
PROVIDING TIME FOR RESPONSE
Pursuant to the Criminal Justice Act, Title 18, U.S.C. § 3006A(a)(1) and (c),
the Office of the Federal Public Defender for the Districts of Colorado and Wyoming
(“Federal Public Defender”) is hereby appointed to represent any defendant
convicted in this District and previously determined to have been entitled to
appointment of counsel or who is now indigent to determine whether the defendant
is eligible to petition the Court for compassionate release under Section 603(b) of
the First Step Act of 2018, 18 U.S.C. § 3582(c) and (d), and, where appropriate, to
file any motions for compassionate release.
Should the Federal Public Defender conclude that it cannot undertake the
representation described in this Order, whether due to conflict or capacity, a
member of the Criminal Justice Act (CJA) Panel shall be appointed by the Chief
Magistrate Judge to represent the defendant.
In the case of a defendant who previously was represented by a member of
the Criminal Justice Act Panel, and where the CJA counsel expresses a willingness
to represent the defendant in pursuing compassionate release, the Chief
Magistrate Judge shall give a preference to the previous appointed CJA counsel to
determine whether the defendant is eligible to petition the Court for compassionate
release under Section 603(b) of the First Step Act of 2018, 18 U.S.C. § 3582(c) and
(d), and, where appropriate, to file any motions for compassionate release.
The Clerk’s Office shall promptly notify the Federal Public Defender and any
CJA counsel previously appointed for a defendant of all pro se motions seeking
compassionate release. These pro se filings will be reviewed by the Federal Public
Defender and addressed within the time frame set forth below.
The Federal Public Defender or CJA counsel shall file any supplemental
motion or make any request for any additional time to do so within fourteen days
from the date of his or her notification by the clerk of court. Unless otherwise
ordered by the Court, the government’s time to respond to the pro se motion shall
be stayed until the defendant’s appointed counsel files a supplemental motion or
the deadline for the same has passed, whichever is earlier.
For purposes of determining eligibility and preparing compassionate release
motions, the Court directs the United States Probation Office for the District of
Wyoming to disclose Presentence Investigation Reports and Judgments in a
Criminal Case to the Federal Public Defender and/or CJA counsel or privately
retained counsel.
All requests for compassionate release shall be filed in the original criminal
case. In the event the presiding judge in the original proceeding is no longer serving
as a judge in this District, the case shall be reassigned.
IT IS SO ORDERED this 25th day of September 2020.
______________________________________
SCOTT W. SKAVDAHL
CHIEF UNITED STATES DISTRICT JUDGE
