Administrative Order no. 23-07 in re: Retroactive Application — USA v. Thomas et al. (Dkt. 970, N.D. Ga.)

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U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 970 · 2024-04-15 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
 
IN RE: 
 
 
 
 
 
: 
  
 
 
 
 
 
 
 
: 
 
RETROACTIVE APPLICATION OF 
 
: 
        ADMINISTRATIVE ORDER 
AMENDMENT 821 OF THE SENTENCING 
:  
 
 
                  NO. 23-07 
GUIDELINES RELATED TO U.S.S.G. 
 
: 
 
             Second Amendment 
§§ 4A1.1(e) AND 4C1.1 
 
 
 
: 
 
 
 
UPON CONSIDERATION of a joint proposal submitted by the United States Attorney’s 
Office, the Federal Defender Program, Inc., and the United States Probation Office for the 
Northern District of Georgia; 
 
UPON REVIEW of Amendment 821 of the United States Sentencing Guidelines, which 
amends the text in U.S.S.G. §§ 4A1.1 and 4C1.1 and grants authority to district courts to grant 
defendants’ motions for retroactive reductions in sentence pursuant to 18 U.S.C. § 3582(c)(2); 
RECOGNIZING that no defendant may be released under Amendment 821 until February 
1, 2024, and recognizing that this delay will allow judges, the Bureau of Prisons, and the United 
States Probation Office adequate time to review defendants’ cases and, for those defendants 
eligible for release, ensure that each prisoner receives appropriate transitional services―including 
placement in halfway houses—to help increase the chances of successful reentry into society; 
 
IT IS HEREBY ORDERED pursuant to the provisions of the Criminal Justice Act, 18 
U.S.C. §§ 3006A(a)(1) and (c), that the Federal Defender Program, Inc., is appointed to review the 
file of each defendant on the United States Sentencing Commission’s list and every other 
defendant who files in this Court a pro se motion for a reduction in sentence under Amendment 
821 and 18 U.S.C. § 3582(c)(2). The Federal Defender Program also is appointed to review the 
case of each defendant who files a motion to appoint counsel to pursue such a motion or who 
directly contacts the Court or the Federal Defender Program asking whether he or she is eligible 
 FILED IN CLERK'S OFFICE
U.S.D.C ATLANTA  
Date: __________________________ 
KEVIN P. WEIMER, Clerk
By: ____________________________
 Deputy Clerk 
Jan 16, 2024
Judith Motz
Case 1:20-cr-00296-JPB-CMS     Document 970     Filed 04/15/24     Page 1 of 3

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for a reduced sentence under the amended guideline. The Federal Defender Program will ascertain 
each defendant’s eligibility for relief and whether a conflict of interest precludes it from 
representation. The Federal Defender Program must notify the Court upon identifying a prohibitive 
conflict in which the prospective client’s interests are materially adverse to those of a current or 
former client, and the Court will consider appointing a member of the Criminal Justice Act panel 
of this District. The Federal Defender Program also must send a letter to each defendant whose 
case is reviewed through this order that explains the limited scope of this appointment and that the 
defendant may decline or opt out of the representation; 
IT ALSO IS ORDERED that upon request the United States Probation Office will provide 
both the Federal Defender Program, counsel who have been retained by defendants, and the United 
States Attorney’s Office a copy of the Presentence Report and Statement of Reasons for each 
defendant’s case reviewed through this administrative order, plus a comparison of the defendant’s 
initial sentencing guidelines calculations and the amended guidelines calculations so that all parties 
have the information needed to file their pleadings; 
IT ALSO IS ORDERED that the United States Attorney’s Office, in conjunction with the 
Federal Defender Program and the United States Probation Office, must, when practicable, 
prioritize defendants by release date. For example, the parties will prioritize the review of motions 
for eligible defendants with projected release dates in 2024, then review all eligible defendants 
scheduled for release in 2025, and so on, until all eligible defendants' motions have been reviewed; 
IT IS FURTHER ORDERED that all motions already filed by and those filed between 
the date of this order and August 1, 2024, by defendants seeking relief under Amendment 821 be 
STAYED until August 1, 2024. During this stay, these motions will be addressed according to the 
procedure outlined above. The United States Attorney’s Office will strive to respond to all motions 
Case 1:20-cr-00296-JPB-CMS     Document 970     Filed 04/15/24     Page 2 of 3

filed as soon as practicable. As to motions reviewed or filed by the Federal Defender Program 
through this process, the United States Attorney's Office is ORDERED to respond by the later of: 
(1) 30 days following the filing of a counseled motion or notice that the Federal Defender will not 
be joining a prose motion or (2) May 1, 2024, unless othe1w ise ordered by the Comi . For motions 
filed by retained counsel, the United States Attorney's Office is ORDERED to respond by the 
later of: (1) May 1, 2024, or (2) 30 days following receipt of relevant materials from the United 
States Probation Office, unless othe1wise ordered by the Comi. 
SO ORDERED this 16th day of January, 20 4. 
- ~~.IC? ~'1C 
HOI . TIMOTHY C. BATTEN, SR. 
CHIEF UNITED STATES DISTRICT JUDGE 
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Case 1:20-cr-00296-JPB-CMS     Document 970     Filed 04/15/24     Page 3 of 3

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