IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
IN RE: REHAIF V. UNITED STATES, 588 U.S. ___, No. 17–9560 (2019)
STANDING ORDER 19-2
In Rehaif v. United States, No. 17–9560, the United States Supreme Court held that in 18 U.S.C. § 922(g), the “word ‘knowingly’ applies both to the defendant’s conduct and to the defendant’s status.” Id. at 1. This holding abrogates Tenth Circuit precedent in United States v. Games-Perez, 667 F. 3d 1136, 1143 (10th Cir. 2012).
Under the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1) & (c), the Office of the Federal Public Defender for the District of Kansas is 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 relief under the Rehaif decision.
The United States Probation Office for the District of Kansas and the United States District Court Clerk’s Office for the District of Kansas may 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 regarding representation of a defendant in the litigation, the Court shall be notified and the Court may appoint a member of the Criminal Justice Panel of this District. Under Federal Bureau of Prisons policy, no PSIRs, JCCs, or SORs will be provided to inmates.
Given the number of appeals likely to be filed in this District, the following briefing schedule will apply in all cases:
1. The United States will have thirty days to submit a response to any Rehaifrelated motion from the date the pleading is filed with the Clerk of the District Court;
2. The Defendant will have thirty days to submit a reply to the Government’s response; and,
3. Requests for continuances will be considered on a case-by-case basis.
IT IS SO ORDERED.
Dated: June 27, 2019
S/ Julie A. Robinson
JULIE A. ROBINSON
CHIEF UNITED STATES DISTRICT JUDGE