FILED
IN THE UNITED STATES DISTRICT COURT 2:00 pm, 5/1/20
Margaret Botkins
Clerk of Court
FOR THE DISTRICT OF WYOMING
IN RE: GENERAL ORDER NO. 20-05
COMPASSIONATE RELEASE UNDER
SECTION 603(b) OF THE FIRST STEP
ACT OF 2018
GENERAL ORDER TO ALLOW APPOINTMENT OF COUNSEL FOR
COMPASSIONATE RELEASE PROCEEDINGS
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 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 of all
pro se motions seeking compassionate release. These pro se filings will be reviewed
by the Federal Public Defender and timely addressed in the manner described
above.
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 1st day of May 2020.
______________________________________
SCOTT W. SKAVDAHL
CHIEF UNITED STATES DISTRICT JUDGE
