USA v. Mitchell

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

CAMERON MITCHELL,

Defendant.

4:12-CR-3101
4:13-CR-3124

ORDER

The defendant has filed a pro se motion for compassionate release and
request for appointment of counsel 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. The Office of U.S. Probation and Pretrial Services is
authorized to disclose Presentence Investigation Reports
and materials obtained from the Bureau of Prisons 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 with the policy of the
Federal Bureau of Prisons, no Presentence Investigation
Report shall be provided to inmates.
4. The Office of U.S. Probation and Pretrial Services shall
promptly conduct a compassionate release investigation.
The compassionate release investigation report shall, when
complete, be filed as a restricted document in this case, and
be provided to counsel for the parties.
5. The government shall respond to the defendant's motion for
compassionate release within 28 days after the filing of the
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compassionate release investigation report. The defendant
may file a reply brief within 14 days after the government's
response is filed, at which time the matter is submitted.
6. The Clerk of the Court shall set a case management deadline
for August 7, 2024 with the following docket text: Check
compassionate release investigation report.
7. The Clerk of the Court shall provide a copy of this order to
Supervising U.S. Probation Officer Brandon Maxon.
Dated this 8th day of July, 2024.

BY THE COURT:

John M. Gerrard
Senior United States District Judge

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