Opinion
CRIM 14-173
08-20-2024
UNITED STATES OF AMERICA v. JEROME JOHNSON
MEMORANDUM ORDER
HON. JOSEPH H. RODRIGUEZ, USDJ
This matter comes before the Court on pro se Petition by Defendant Jerome Johnson for appointment of counsel to assess Mr. Johnson's eligibility for a reduction of sentence pursuant to Retroactive Amendment 821, U.S.S.G. § 4A1.1(e); and the Court noting that prior to Amendment 821, offenders were given two additional criminal history points if they committed the underlying offense while under a criminal justice sentence; and the Court further noting that Retroactive Amendment 821 limits the application of these “status points ”; and the Court further noting that the protocol in this District includes a preliminary review and recommendation by the Office of the Federal Public Defender and then the United States Attorney's Office, with a final order prepared by the United States Probation Office; and the Court finding that Mr. Johnson does not require counsel to avail himself of the opportunity for his eligibility to be considered for an adjustment pursuant to Amendment 821; therefore, IT IS on this 20th day of August, 2024 hereby
ORDERED that Mr. Johnson's Motion [Dkt. No. 103] as it pertains to the appointment of counsel is denied; and it is further
ORDERED that the Federal Public Defender's Office shall initiate the protocol for review of Mr. Johnson's eligibility.