Opinion
BENJAMIN B. WAGNER United States Attorney, KATHLEEN A. SERVATIUS Assistant United States Attorney, Attorneys for Plaintiff United States of America
HEATHER E. WILLIAMS Federal Defender, DAVID M. PORTER Assistant Federal Defender Attorney for Defendant
STIPULATION REFERRFNG MOTION FOR SENTENCE REDUCTION TO FEDERAL DEFENDER'S OFFICE AND PROBATION OFFICE AND ORDER THEREON
The Court is in receipt of a motion to reduce a criminal sentence pursuant to Title 18, United States Code, Section 3582(c)(2). The Court refers this motion to the Probation Office (Probation Officers Hubert Alvarez and/or Melinda Peyret) and the Office of the Federal Defender and Assistant Federal Defender David M. Porter, pursuant to General Order No. 546. The Federal Defender's Office shall have 30 days from the date the Court approves the stipulation/order to conduct an initial review of the motion to determine the status of representation of the defendant.
1. If Federal Defender's Office determines that the defendant is eligible for representation and agrees to represent the defendant, a representative of the Federal Defender's Office shall file a notice of appearance in the case. If the matter has been referred to panel counsel, a copy of this order shall be forwarded by the Federal Defender's Office to appointed panel counsel who shall then file a notice of appearance in the case.
2. If the Federal Defender's Office determines that the defendant is ineligible for representation and/or ineligible for a retroactive sentencing reduction, a representative of the Federal Defender's Office shall so notify the Court and the Court will then rule on the defendant's request.