NO. 18-4 – IN RE: FIRST STEP ACT OF 2018 (Dec. 21, 2018), APPLICATION OF FAIR SENTENCING ACT


IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN RE: FIRST STEP ACT OF 2018 (Dec. 21, 2018), APPLICATION OF FAIR SENTENCING ACT.

STANDING ORDER 18-4

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 defendant previously determined to have been entitled to appointment of counsel, or who is now indigent, to determine whether that 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, which retroactively applies the Fair Sentencing Act of 2010.
The United States Probation Office for the District of Kansas and the United States District Court Clerk’s Office for the District of Kansas are authorized to disclose Presentence Investigation Reports (“PSIRs”), Judgments in a Criminal Case (“JCCs”), including sealed JCCs, and Statements of Reasons (“SORs”) to the Federal Public Defender’s Office for the purpose of determining eligibility for relief, and for determining whether a conflict of interest precludes the Federal Public Defender from representing a client. Should the Federal Public Defender determine that there is a prohibitive conflict in which the prospective client’s interests are materially adverse to those of a current or former client with regard to representation of a defendant in the litigation, the Court shall be notified and the Clerk of the Court is authorized to appoint a member of the Criminal Justice Panel of this District. In accordance with Federal Bureau of Prisons policy, no PSIRs, JCCs, or SORs will be provided to inmates.

IT IS SO ORDERED

Dated: January 2, 2019

 S/ Julie A. Robinson

JULIE A. ROBINSON

CHIEF UNITED STATES DISTRICT JUDGE

NO. 18-4 – IN RE: FIRST STEP ACT OF 2018 (PDF)


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