No. 15-3 – RE: MOTIONS FOR POST-CONVICTION RELIEF PURSUANT TO JOHNSON V. UNITED STATES


Pursuant to the provisions of the Criminal Justice Act, Title 18 U.S.C. §§ 3006A(a)(1) and (c), the Office of the Federal Public Defender for the District of Kansas is hereby appointed to represent any indigent defendant who was previously convicted and sentenced in the District of Kansas to determine whether that defendant may qualify for post-conviction relief pursuant to Johnson v. United States, — U.S. –, S.Ct. Dkt. No. 13-7120 (2015), and if so, to assist the defendant in obtaining such relief. Should the Federal Public Defender have a conflict that precludes representation for these limited purposes, attorneys serving on the Criminal Justice Act panel may be appointed. This appointment is limited to cases affected or potentially affected by Johnson v. United State, — U.S. –, S.Ct. Dkt. No. 13-7120 (2015), and will terminate upon a determination by appointed counsel that the defendant is not eligible for relief or, if eligible for relief, upon exhaustion of the defendant’s post-conviction remedies.

The U.S. Probation Office for the District of Kansas is authorized to disclose all necessary documents, including Presentence Investigation Reports and Statement of Reasons, to the Federal Public Defender’s Office and the Criminal Justice Act panel for the purpose of determining eligibility for relief. Upon request by the Office of the U.S. Attorney for the District of Kansas, the U.S. Probation Office also shall provide copies of the Presentence Investigation Reports and Statements of Reasons in these cases to the Office of the U.S. Attorney for the District of Kansas. In accordance with Federal Bureau of Prisons policy, no Presentence Investigation Reports will be provided to inmates.

SO ORDERED. This 29th day of July, 2015.

s/J. Thomas Marten

CHIEF JUDGE J. THOMAS MARTEN


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