USA v. Brown et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

TERESA LIGGINS,

Defendant.

4:12-CR-3057

ORDER

The defendant has filed a pro se motion for compassionate release (filing
163) pursuant to 18 U.S.C. § 3582(c)(1)(A), which permits a defendant (after
exhausting administrative remedies) to move for reduction of a term of
imprisonment based upon "extraordinary and compelling reasons." On its
initial review of the defendant's motion, the Court finds that the defendant has
at least a colorable claim under § 3582(c)(1)(A), and that appointment of
counsel would help the Court determine whether the defendant merits relief
under that section. Accordingly,

IT IS ORDERED:
1. The Federal Public Defender for the District of Nebraska is
appointed to represent the defendant for the limited purpose
of determining whether there are extraordinary and
compelling reasons to reduce the defendant's term of
imprisonment.
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2. In the event the Federal Public Defender should decline this
appointment because of a conflict of interest or on the basis
of the Amended Criminal Justice Act Plan, the Federal
Public Defender shall provide the Court with a draft
appointment order (CJA Form 20) bearing the name and
other identifying information of the CJA Panel attorney
identified in accordance with the Amended Criminal Justice
Act Plan for this district.
3. If upon his review the Federal Public Defender should
conclude that the defendant's motion is frivolous, the
Federal Public Defender may move to withdraw as counsel.
4. The government shall respond to the defendant's motion on
or before July 15, 2020. The Federal Public Defender shall
promptly file any supplementary briefing or evidence
necessary to the Court's disposition of the motion. Absent an
extension, the defendant's motion shall be deemed
submitted as of July 16, 2020.
5. The Office of U.S. Probation and Pretrial Services is
authorized to disclose Presentence Investigation Reports
and materials obtained from the Bureau of Prisons,
including medical records, to the Federal Public Defender
and the United States Attorney for the purpose of evaluating
the defendant's motion. The Federal Public Defender shall
provide the Presentence Investigation Report to any
subsequently appointed or retained counsel. In accordance
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with the policy of the Federal Bureau of Prisons, no
Presentence Investigation Report shall be provided to
inmates.
6. The Office of U.S. Probation and Pretrial Services shall
promptly conduct a compassionate release investigation,
prioritizing the collection of medical records relevant to the
defendant's claim.
7. The Clerk of the Court shall provide a copy of this order to
Supervising U.S. Probation Officer Aaron Kurtenbach.
Dated this 10th day of July, 2020.

BY THE COURT:

John M. Gerrard
Chief United States District Judge

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