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U.S. v. WOLFORD, CR 08-29. (2014)

Court: District Court, W.D. Pennsylvania Number: infdco20141211c84 Visitors: 9
Filed: Dec. 10, 2014
Latest Update: Dec. 10, 2014
Summary: MEMORANDUM ORDER JOY FLOWERS CONTI, Chief District Judge. On November 25, 2014, the Honorable Joy Flowers Conti entered an Administrative Order at Misc. No. 14-424 which stayed for sixty (60) days from the date of the Administrative Order "all proceedings under [18 U.S.C.] 3582(c) seeking relief pursuant to Amendment 782 (including any previously filed 3582(c) motions)" "so as to permit the Public Defender and U.S. Attorney to conduct any necessary investigation into the eligibility of of
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MEMORANDUM ORDER

JOY FLOWERS CONTI, Chief District Judge.

On November 25, 2014, the Honorable Joy Flowers Conti entered an Administrative Order at Misc. No. 14-424 which stayed for sixty (60) days from the date of the Administrative Order "all proceedings under [18 U.S.C.] § 3582(c) seeking relief pursuant to Amendment 782 (including any previously filed § 3582(c) motions)" "so as to permit the Public Defender and U.S. Attorney to conduct any necessary investigation into the eligibility of offenders for relief under Amendment 782, to determine prospective release dates for such eligible offenders, and to prioritize the cases with reference to such prospective release dates, giving first priority to any offenders eligible for release as of November 1, 2015." The Administrative Order also ordered "that the Court should hold in abeyance any pending §3582(c) motions seeking relief under Amendment 782 during the period of the STAY and shall not issue a briefing schedule and/or rule on any such motions until further Administrative Order of this Court." A copy of the November 25, 2104 Administrative Order is attached hereto as Exhibit A.

Consistent with Judge Conti's Administrative Order, this 10th day of December, 2014, it is hereby ORDERED, ADJUDGED, and DECREED that this case is STAYED until January 26, 2015.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE: PETITIONS FOR RETROACTIVE APPLICATION OF NOVEMBER 1, 2014 AMENDMENTS TO THE DRUG Misc. No. 14-424 QUANTITY TABLE FOR OFFENSES

ADMINISTRATIVE ORDER

AND NOW, this 25th day of November, 2014, upon consideration the Administrative Order entered on September 29, 2014, (Docket No. [1]), setting forth the initial procedures for the adjudication of motions to reduce drug offense sentences under 18 U.S.C. § 3582(c) and Amendment 782 to the United States Sentencing Commission Guidelines Manual, and after further consultation with representatives of the Offices of the Federal Public Defender and U.S. Attorney in this District, whom have agreed to the following procedures which the Court concurs are necessary and appropriate to the orderly and just adjudication of § 3582(c) motions seeking relief pursuant to Amendment 782,

IT IS HEREBY ORDERED that all proceedings under § 3582(c) seeking relief pursuant to Amendment 782, (including any previously filed § 3582(c) motions), shall be STAYED for a period of 60 days from the date of this Administrative Order so as to permit the Public Defender and U.S. Attorney to conduct any necessary investigation into the eligibility of offenders for relief under Amendment 782, to determine prospective release dates for such eligible offenders, and to prioritize the cases with reference to such prospective release dates, giving first priority to any offenders eligible for release as of November 1, 2015;

IT IS FURTHER ORDERED that, consistent with the Administrative Order entered on September 29, 2014, (Docket No. [1]), the Clerk's Office shall notify the Federal Public Defender and U.S. Attorney of all past, present or future pro se motions to reduce sentence under 18 U.S.C. § 3582(c) when filed and any inquiries seeking representation in order to pursue such motions which are received by the Clerk's Office or Chambers shall be forwarded to the Federal Public Defender;

IT IS FURTHER ORDERED that the Federal Public Defender, or her designee, shall evaluate whether the Federal Public Defender will be entering an appearance in the specific cases where pro se motions have been filed and/or if CJA Counsel should be appointed, by filing a Notice with the presiding Judge;

IT IS FURTHER ORDERED that the Court should hold in abeyance any pending § 3582(c) motions seeking relief under Amendment 782 during the period of the STAY and shall not issue a briefing schedule and/or rule on any such motions until further Administrative Order of this Court; and,

FINALLY, IT IS ORDERED that at or near the conclusion of the STAY, the Court will confer with representatives of the Federal Public Defender and U.S. Attorney to develop any further procedures for the adjudication of § 3582(c) motions seeking relief under Amendment 782 which may be appropriate.

Source:  Leagle

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