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Last Update: 02/05/2008

 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

 

IN RE: PETITIONS FOR RETROACTIVE
APPLICATION OF NOVEMBER 1, 2007
AMENDMENT TO CRACK COCAINE 
OFFENSE LEVEL GUIDELINES
  
  
ADMINISTRATIVE ORDER
            Pursuant to the Criminal Justice Act at 18 U.S.C. §3006A(a)(1) and (c), the Office of the Federal Public Defender for the District of Delaware is hereby appointed to represent any defendant, previously determined to have been entitled to appointment of counsel, or who has been incarcerated continually for more than 18 months, to determine whether or not that defendant may qualify to seek reduction of sentence, and to present any motions or applications for reduction of sentence, in accordance with the revised base offense levels for crack cocaine at §2D1.1 of the United States Sentencing Guidelines. After the initial determination of eligibility under U.S.S.G. §2D1.1, the Federal Public Defender will contact any Criminal Justice Act Panel Attorney who was previously appointed in the case, and determine whether that Criminal Justice Act Panel Attorney wishes to take up the representation of the client. If prior counsel wishes to continue his representation, the Federal Public Defender shall file a motion asking that the Criminal Justice Act Panel Attorney be appointed as counsel for all future proceedings. If, however, the Criminal Justice Act Panel Attorney is no longer available, or if he or she declines the case, the Office of the Federal Public Defender will continue its representation of the client. Should the Office of the Federal Public Defender determine that there is a conflict with regard to the representation of a particular defendant, the Defender shall inform the Clerk of the Court, and the Clerk shall appoint counsel from the Criminal Justice Act Panel.
            All motions and pleadings seeking a sentence reduction or in opposition to such reduction shall be filed in the original criminal proceeding. In the event that the sentencing Judge in the original proceeding is no longer a member of the Bench of this District, the case shall be reassigned on a random basis.

            SO ORDERED:
                                                            
GREGORY M. SLEET, Chief Judge
United States District Court
District of Delaware
DATED:  February 5, 2008


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