The defender organization for this district is headquartered in San Antonio, and it has staffed branches in El Paso, Del Rio, Austin, and Alpine.

 The primary purpose of this site is to support CJA panel attorneys of the Western District of Texas in their appointed cases. None of the information on this site is intended as, or should be taken as, legal advice.

 This site facilitates Internet e-mail messaging to Federal Public Defender attorneys and others. Be aware that Internet e-mail is not secure.

• New Guidelines. The Sentencing Commission has promulgated amendments to §2D1.1 and §1B1.10, fixing arithmetical anomalies that resulted from last year's two-level reduction to the crack cocaine offense levels. The amendments take effect May 1, 2008. Here's the link.
  
  The Commission has also promulgated amendments that will take effect November 1, 2008, absent congressional action. They include amendments to U.S.S.G. §2B1.1 (re: disaster fraud) and §2L1.2 (illegal reentry). Here's the link.
  
  
• Tenth Edition of Introduction to Federal Sentencing now available. This new edition offers a brief introduction to federal sentencing under the Sentencing Reform Act of 1984. It includes a summary of the relevant statutes and the Guidelines Manual,and provides tips for applying the guidelines, commentary on plea bargaining, and traps for the unwary. The tenth edition includes guideline amendments through March 2008, and analysis of the changes brought about by the Supreme Court's decisions in United States v. Booker, Gall v. United States, and Kimbrough v. United States.
  
  
• Retroactive Reduction for Crack Cocaine Guideline. On December 11, 2007, the United States Sentencing Commission voted unanimously to give retroactive effect to its recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment will become effective on March 3, 2008. The Commission delayed the effective date of its decision on retroactivity in order to give the courts sufficient time to prepare for and process these cases. The Commission's new policy statement on retroactivity is available here. For the latest news, go to the Commission's website, Professor Doug A. Berman's Sentencing Law and Policy Sentencing Law and Policy Weblog, or the Office of Defender Services Training Branch Sentencing Resource Page.



• New Federal Rules of Criminal Procedure in Effect. Amendments to the Federal Rules of Criminal Procedure went into effect December 1. Changes include amendments to Rules 11, 32, and 35 to account for post-Booker sentencing procedures; an amendment to Rule 45 to add a 3-day mailing rule like that in the civil rules; and a new rule (49.1) on redaction of personal information in court filings, consistent with the E-Government Act. The text is available here.
  
  
• New San Antonio Division CJA Plan. On October 31, 2007, the judges of the San Antonio Division of the Western District of Texas adopted a new CJA Plan for appointment of counsel in criminal and related cases in the division. The Plan requires attorneys interested in handling appointments to fill out an application, available here. Applications are due by January 31, 2008. All interested attorneys must fill out the application, including attorneys who already receive appointments. If you have questions about the new Plan, contact us by e-mail, or call Wendy Rutherford at 210-472-6700.
  
  The El Paso Division has a similar CJA Plan, available here. Applications are available here.



• Guideline Amendments Take Effect. On November 1, 2007, a number of important amendments to the federal Sentencing Guidelines took effect, including amendments reducing the offense levels for many crack cocaine offenses, and amendments that could reduce criminal history scores. A reader-friendly version of the amendments can be accessed here. The new Guidelines Manual can be accessed here. A defender Sentencing Resource Counsel memorandum on using the new crack guidelines can be accessed here. For the latest guideline news, go to the Sentencing Commission's website. Professor Doug A. Berman's Sentencing Law and Policy Weblog, or the Office of Defender Services Training Branch Sentencing Resource Page.

Office of the Federal Public Defender
Western District of Texas
Last revised: March 14, 2008