On April 10, 2014, the United States Sentencing Commission ("USSC") voted to reduce by two levels the base offense levels associated with various drug quantities involved in trafficking offenses covered by Sentencing Guideline § 2D1.1 ("Amendment 782"). On July 18, 2014, the USSC voted to amend Sentencing Guideline § 1B1.10 to extend Amendment 782's reductions to defendants who are serving terms of imprisonment for drug-related crimes, but with a requirement that these reduced sentences cannot take effect until November 1, 2015.
The effective date of both amendments will be November 1, 2014.
To ensure the efficient adjudication of requests seeking a reconsideration of a sentence pursuant to Amendment 782, the Court, en banc, orders the following:
- The United States Probation Office shall contact those inmates who it determines may be eligible for a sentence reconsideration pursuant to Amendment 782, informing them of their potential eligibility and providing them with a copy of this Administrative Order.
- The Federal Public Defender's Office for the Central District of Illinois ("FPD") shall be appointed to represent each defendant (petitioner) who files a petition or motion seeking relief pursuant to Amendment 782, by whatever nomenclature the litigant uses in the document. Should the FPD determine that conflict exists with a particular petitioner, it shall file with the Court a motion to withdraw as counsel for the petitioner.
- Upon appointment, the United States Probation Office for the Central District of Illinois and the Clerk of Court for the United States District Court for the Central District of Illinois ("Clerk of Court") are authorized to disclose copies of judgments, presentence investigation reports, and statements of reasons to the FPD for the purpose of determining eligibility for relief and determining whether a conflict of interest precludes the FPD from representing the petitioner.
- Representatives from the United States Attorney's Office, the United States Probation Office, and the FPD shall confer to identify those petitioners who may be eligible for sentence reconsideration. In those cases where an agreement is reached as to a specific sentence, the parties shall file a pleading with the court indication the agreement of the parties. In cases in which there is no agreement, defense counsel shall file, within 90 days of appointment as counsel, whatever pleading defense counsel deems appropriate. The court will then take appropriate action, depending on the nature of the pleading and the remedy sought.
- All cases subject to this Order shall be assigned to the initial sentencing judge, and if not available, by reassignment through the Chief Judge.
- The Clerk of Court is directed to send copies of this Order to the FPD and the United States Attorney's Office and post this Order to the District Court's website.
- The Clerk of Court is further directed to enter the FPD as attorney of record for the petitioner (and Brad Murphy as attorney of record for the United States) in each relevant to the issues discussed in this Order and send a copy of this Order to the petitioner seeking a reduced sentence pursuant to Amendment 782.
- All cases relevant to the issues discussed in this Order shall be automatically stayed until November 1, 2014, unless otherwise ordered by this Court.
IT IS SO ORDERED.
Signed this 22nd day of August, 2014
s/ James E. Shadid
JAMES E. SHADID, Chief Judge
Central District of Illinois