or.fd.org · 6/5/2019 · Defending a Federal Criminal Case : CJA Panel Attorney Training & Refresher ~Office of the Federal Public Defender, 16A~ 101 SW Main Street, Portland OR

Defending a Federal Criminal Case: CJA Panel Attorney Training & Refresher

~Office of the Federal Public Defender, 16A~ 101 SW Main Street, Portland OR

June 5, 2019 8:30 – 8:45 Registration 8:45 – 9:00 Welcome Lisa, Hay, Federal Public Defender 9:00 – 10:00 Making a Federal Case Out of It

Jerry Needham, Assistant Federal Public Defender Martha Carter-Balske, Federal Public Defender Interpreter 10:00 – 10:45 Introduction to . . .

Court Assisted Pretrial Supervision: Honorable Magistrate Judge John V. Acosta Pretrial Services: Chris Song, Senior Officer, Pretrial Services U.S. Probation: Adam Jacobson, Supervisory Probation Officer

10:45 – 11:00 Break 11:00 – 11:30 Life of a CJA Case Jennifer Horvath, CJA Resource Attorney Brad Dobrinski, CJA Panel Paralegal 11:30 – 12:15 Nuts & Bolts of Federal Criminal Defense

Francesca Freccero, Assistant Federal Public Defender 12:15 – 1:30 Lunch Break 1:30 – 2:30 Welcome Back

A Judge’s Perspective on Federal Criminal Litigation Honorable U.S. District Judge Michael H. Simon

2:30 – 2:45 Preview: Predicate Offense Issues Lisa, Hay, Federal Public Defender 2:45 – 3:15 CJA Resources & Best Practices Lisa, Hay, Federal Public Defender Jennifer Horvath, CJA Resource Attorney 3:15 – 3:30 Break 3:30 – 4:30 Plea Negotiations & Proffers: The Government’s Perspective Craig Gabriel, Assistant U.S. Attorney 4:30 – 5:30 Happy Hour

Lobby, One Main Place

Want the full materials?

For full materials from the June 05, 2019, Defending a Federal Criminal Case: CJA Panel Attorney Training & Refresher, please contact the CJA Panel Team via email at [email protected] or via phone at (503) 326-2123 and ask for CJA.

You can ask the panel office for Federally Certified Spanish Interpreter names.

Also see the Oregon Court Certified Interpreter Roster: https://www.courts.oregon.gov/programs/interpreters/Documents/CertifiedInterpreterRoster.pdf

mailto:[email protected]

https://www.courts.oregon.gov/programs/interpreters/Documents/CertifiedInterpreterRoster.pdf

https://www.courts.oregon.gov/programs/interpreters/Documents/CertifiedInterpreterRoster.pdf

6/6/2019 Court Assisted Pretrial Supervision (CAPS) | District of Oregon

https://www.orpt.uscourts.gov/court-assisted-pretrial-supervision-caps 1/1

Court Assisted Pretrial Supervision (CAPS)

Court Assisted Pretrial Supervision is a unique condition of release which requires the defendant to

participate in a specialized supervision program. The individualized supervision plan of these

defendants involves input and participation from the Magistrate Judge, Pretrial Services and their

attorney. The Assistant U.S. Attorney also participates when appropriate and when requested by the

Court. The defendants are required to attend status hearings at a frequency determined by the

Magistrate Judge or as requested by Pretrial Services. Written performance reports are submitted

updating the Court on the defendant's activities. The defendant's conditions of release can be modified

at any time to remove this special condition. This condition was designed to reduce unnecessary

detention and focuses on high risk cases for which no other condition will reasonably assure

defendant's appearance and the safety of the community.

Defending a Federal Criminal Case: CJA Panel Attorney Training & Refresher Life of a CJA Case

June 5, 2019 11:00 – 11:30 am Jennifer Horvath, CJA Resource Attorney

Brad Dobrinski, CJA Panel Paralegal

• Intro: o CJA Panel attorney job advertisement o Exciting time to be part of the CJA Panel o We’re here to support you (CJA Panel Team, FPD, DSO are all here to support you) o Invite new class to take part in a training program, to start in . . .

• Who the CJA Panel Team Is: CJA Panel Team

• What the CJA Panel Team Does:

o We help Lisa administer the CJA: soup to nuts – we do everything o Case Appointments: Paneling o Make recommendations on authorization of CJA services & CJA expenditures o Request for services: authorizations o Bills: vouchers o Budgets o Training:

CLEs: organize CLEs & OSB credit DSO – look for financial assistance

• CJA Expenditures - Sources We Rely On

o See OR FPD CJA website Appendix 1 of CJA Manual: CJA Resources

o CJA, other statutes o Guide to Judiciary Policy, esp. Volume 7: CJA Guidelines o Ninth Circuit Policies & Procedures o OR CJA Manual o Cardone Report

• Resources

o CJA Panel Team o OR eVoucher support o DSO Training Division: website o NLST: Litigation support o DSO Training Division Hotline: 1-800-788-9908 o Legal Qs: call us -- Sady can give you a running start on legal issues, me, lunch partner

• What to sign up for now:

o eVoucher: so you can get paid o fd.org: we’ll send list to AO) o PACER o DFCC eBook: we’ll send you codes so you can order eBooks o USSC Guidelines app o DSO Webinar: making the Most of a Panel Attorney’s Toolkit

Panel Attorney “Job Advertisement”

• The position to be filled is crucial to the administration of justice.

• Employee is always on call and must be immediately available to report for duty.

• Pay is strictly regulated by Congress and is below market rates.

• There will be no compensation given until the end of the assignment. The average assignment is 4-6 months in length, and occasionally over a year.

• At the end of the assignment, the employee will submit a bill which may or may not be paid. The employer retains the right to pay less than the full invoice, regardless of the quality or amount of work performed.

• For the duration of the job, the employee will pay all overhead expenses, including, but not limited to, office rent, utilities, support staff salaries, health insurance, malpractice insurance, copying, and computer and other equipment expenses. These expenses will NOT be reimbursed.

• The employee has limited decision-making authority and prior approval is required for many work-related tasks or expenditures.

• Work assignments often include difficult clientele, public ridicule, and no chance for future advancement.

I. INTRODUCTION

___________________________________________________________________________________ Page | 6

I. INTRODUCTION

This Manual, designed to help CJA practitioners navigate local requirements under the CJA, is only one of many sources of guidance on the Criminal Justice Act. CJA practitioners should also familiarize themselves with other CJA resources, listed in Appendix 1.

If you have questions concerning CJA-related matters, please contact the CJA Panel Office at 503.326.2123. You may also reach out to:

Jennifer Horvath Mara Walker CJA Resource Attorney CJA Administrator 503.279.4266 503.279.4299 [email protected] [email protected]

Brad Dobrinski Ebony Riley CJA Panel Assistant Paralegal CJA Panel Assistant 503.279.4271 503.326.2023 [email protected]

[email protected]





6/3/2019 Criminal Justice Act | Office of the Federal Public Defender - District of Oregon

or.fd.org/content/criminal-justice-act 1/2

SearchLisa Hay Federal Public Defender Portland (503) 326-2123 Eugene (541) 465-6937 Medford (541) 776-3630 Office Locations

Criminal Justice Act

CJA eVoucher

CJA eVoucher District of Oregon - Link to eVoucher site. As of 05/06/2019, eVoucher has been tested and is compatible with Chrome62, Edge 16, Firefox 57, Internet Explorer 10.1 with Compatibility Mode, Internet Explorer 11, andSafari 10.1. eVoucher 6.0 Expired_Passwords_and_Locked_Acounts District of Oregon.pdf - Updated how to reset an expired password eVoucher 5_0 FAQ - Frequently Asked Questions eVoucher new Vendor form.docx - Word version of form for new experts and attorneys to be added to eVoucher as users eVoucher new Vendor form.pdf - PDF version of form for new experts and attorneys to be added to eVoucher as users eVoucher Requesting Additional Funds - Help on submitting subsequent authorization requests for experts eVoucher 4_2_1 Attorney Manual.pdf - Attorney and expert technical manual. For updated information, see Help, eVoucher documentationwhen logged into eVoucher

CJA Guidance and Policies

District of Oregon CJA Manual District of Oregon CJA Plan 2018 Ninth Circuit CJA Policies Tip Sheet - Billing Guidance Tip Sheet - Expert Billing Tip Sheet - Interpreter Billing and Policies Tip Sheet - Transcript Requests Tip Sheet - Travel Requests Tip Sheet - Associates in eVoucher Tip Sheet - AUTHs

CJA Panel Forms

CJA 20 Voucher Worksheet CJA 20 (§2254 / §2255) Worksheet CJA 30 Voucher Worksheet CJA 23 Financial Affidavit

HOME CLIENT RESOURCES ATTORNEY RESOURCES EMPLOYMENT

http://or.fd.org/content/office-locations

https://evsdweb.ev.uscourts.gov/CJA_orx_prod/CJAeVoucher/

http://or.fd.org/sites/or.fd.org/files/pdfs/eVoucher%206.0%20Expired_Passwords_and_Locked_Acounts%20District%20of%20Oregon.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/eVoucher%205_0%20FAQ_1_0.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018%2007%20eVoucher%20new%20Vendor%20form.docx

http://or.fd.org/sites/or.fd.org/files/pdfs/2018%2007%20eVoucher%20new%20Vendor%20form.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/eVoucher%20Requesting%20Additional%20Funds.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/eVoucher%204_2_1%20Attorney%20Manual.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/OR%20CJA%20Manual%202017.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/District%20of%20Oregon%20CJA%20Plan%202018_0.pdf

http://cdn.ca9.uscourts.gov/datastore/uploads/general/Circuit%20CJA%20Policies%20Effective%2010-20-16.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Billing%20Guidance_0.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Expert%20Billing.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Interpreter%20Billing%20and%20Policies.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Transcript%20Requests_0.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Travel%20Requests.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20Associates%20in%20eVoucher.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Tip%20Sheet%20-%20AUTHs.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2017%20CJA%2020%20Voucher%20Worksheet.dotm

http://or.fd.org/sites/or.fd.org/files/pdfs/2017%20CJA%2020%20Voucher%20Habeas%20Worksheet.dotm

http://or.fd.org/sites/or.fd.org/files/pdfs/2018%20CJA%2030%20Voucher%20Worksheet.dotm

http://or.fd.org/sites/or.fd.org/files/pdfs/CJA%2023%20Financial%20Affidavit_01.pdf

http://or.fd.org/

http://or.fd.org/

http://or.fd.org/content/client-resources-page

http://or.fd.org/content/attorney-resources-page

http://or.fd.org/content/employment

6/3/2019 Criminal Justice Act | Office of the Federal Public Defender - District of Oregon

or.fd.org/content/criminal-justice-act 2/2

Budget Form for Expensive Felony Case in the District of Oregon Sample service provider agreement CJA Request for second opinion CJA counsel Form Substitution of CJA Counsel Form Rule 1.16 Declining or Terminating Representation Withdrawal from Litigation: Client Confidences, Formal Opinion No. 2011-185

CLE Materials

2019-03-20 Hot Topics in Fraud.pdf 2019-02-13 District Practice Updates.pdf 2019-01-16 Investigating, Preparing, and Executing Your Cooperator Crosses.pdf 2019-01-10 First Step Act.pdf 2018-11-14 Developments in Federal Search and Seizure Law 2018-10-17 The 2017-2018 Supreme Court Term 2018-09-26 Closing Arguments - Lessons from the Astarita Trial 2018-06-28 Beyond the Residual Clause Webinar 2018-06-20 Resource Guide to Community Programs and Services for Federal Offenders 2018-06-20 Resource Guide to Community Programs and Services for Federal Offenders materials 2018-05-23 Indian Country and the Assimilative Crimes Act 2018-04-25 Conducting Effective Voir Dire on Issues of Race powerpoint 2018-04-25 Conducting Effective Voir Dire on Issues of Race handouts 2018-04-05 CJA Resources 2018-02-14 Debunking Reid 2018-01-24 Supreme Court October 2017 Term Outline For past CLE materials, reach out to the CJA Panel Team at [email protected]

This web site is designed for general information only. The information presented at this site should not be construed to be formal legaladvice nor the formation of a lawyer/client relationship.

© 2015 Federal Public Defender - District of Oregon

http://or.fd.org/sites/or.fd.org/files/pdfs/OR%20CJA%20case%20budget_blank.docx

http://or.fd.org/sites/or.fd.org/files/pdfs/2a%20Sample%20service%20provider%20agrmt_0.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/CJA%20Request%20for%20second%20opinion%20CJA%20counsel%20Form.dotm

http://or.fd.org/sites/or.fd.org/files/pdfs/2017%2007%20Fillable%20Substitution%20of%20CJA%20Counsel%20Form.dotm

http://or.fd.org/sites/or.fd.org/files/pdfs/RULE%201.16%20Declining%20or%20Terminating%20Representation.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/Withdrawal%20from%20litigation%20Oregon%20RPC.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2019-03-20%20Hot%20Topics%20in%20Fraud.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2019-02-13%20District%20Practice%20Updates.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2019-01-16%20Investigating%2C%20Preparing%2C%20and%20Executing%20Your%20Cooperator%20Crosses.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2019-01-10%20First%20Step%20Act%20A.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-11-14%20Developments%20in%20Federal%20Search%20and%20Seizure%20Law.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-10-17%20The%202017-2018%20Supreme%20Court%20Term.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-09-26%20Closing%20Arguments%20-%20Lessons%20from%20the%20Astarita%20Trial.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-06-28%20Beyond%20the%20Residual%20Clause%20Webinar.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-06-20%20Resource%20Guide%20to%20Community%20Programs%20and%20Services%20for%20Federal%20Offenders.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-06-20%20Resource%20Guide%20to%20Community%20Programs%20and%20Services%20for%20Federal%20Offenders%20materials.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-05-23%20Indian%20Country%20and%20the%20Assimilative%20Crimes%20Act.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-04-25%20Conducting%20Effective%20Voir%20Dire%20on%20Issues%20of%20Race%20powerpoint_0.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-04-25%20Conducting%20Effective%20Voir%20Dire%20on%20Issues%20of%20Race%20handouts.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-04-05%20CJA%20Resources.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-02-14%20Debunking%20Reid.pdf

http://or.fd.org/sites/or.fd.org/files/pdfs/2018-01-24%20Supreme%20Court%20October%202017%20Term%20Outline.pdf


XI. APPENDIX

___________________________________________________________________________________ Page | 39

1. APPENDIX 1 – CJA RESOURCES

· District of Oregon Federal Public Defender website

http://or.fd.org/

· District of Oregon Federal Public Defender: CJA page http://or.fd.org/content/criminal-justice-act

· District of Oregon CJA Plan

http://or.fd.org/sites/or.fd.org/files/pdfs/District%20of%20Oregon%20CJA%20Plan%202013.pdf

· District of Oregon CJA Attorney Manual

http://or.fd.org/content/criminal-justice-act

· Defender Services Office website https://www.fd.org/

· Ninth Circuit website

https://www.ca9.uscourts.gov/attorneys/

· Criminal Justice Act, 18 U.S.C. § 3006A https://www.law.cornell.edu/uscode/text/18/3006A

· CJA Guidelines, Volume 7, Guide to Judiciary Policy

http://www.uscourts.gov/rules-policies/judiciary-policies/criminal-justice-act-cja-guidelines

· Judicial Council of the Ninth Circuit CJA Policies and Procedures


· National CJA Voucher Reference Tool

http://cjaresources.fd.org/cjaort/index.html

· United States Sentencing Commission http://www.ussc.gov/

http://or.fd.org/





https://www.fd.org/

https://www.ca9.uscourts.gov/attorneys/

https://www.law.cornell.edu/uscode/text/18/3006A






http://www.ussc.gov/

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Last revised February 6, 2019

Guide to Judiciary Policy

Volume 7: Defender Services Part A: Guidelines for Administering the CJA and Related Statutes

Chapter 1: Overview Chapter 2: Appointment and Payment of Counsel Chapter 3: Authorization and Payment for Investigative, Expert, or Other Services Chapter 4: Defender Organizations Chapter 5: Disclosure of Information on CJA-Related Activities Chapter 6: Federal Death Penalty and Capital Habeas Corpus Representations

Part B: International Prisoner Transfer Proceedings Chapter 1: Overview Chapter 2: Appointment of Counsel and Guardians Ad Litem Chapter 3: Compensation and Reimbursement of Expenses

Topic Links for Guide Volume 7 (Defender Services) (Note: Unless otherwise indicated, all citations refer to Part A (Guidelines for Administering the CJA and Related Statutes) of this volume of the Guide to Judiciary Policy. This collection of “topic links” draws heavily on commonly submitted Guide search terms with a connection to this volume and is by no means a comprehensive volume index.)

Ancillary matters: § 210.20.30 Appointment of counsel: § 220

• duration: § 220.20 • new appointments: § 220.30; CJA 20 (order) • termination: § 220.60; CJA 7 (order) • timeliness: § 220.10

Attorney excess compensation claim CJA forms • claim, court of appeals: CJA 27 • guidance, court of appeals CJA 27A • guidance, district court: CJA 26A • statement/atty, district court: CJA 26

Budgeting CJA worksheets (detailed, summary) • attorney: CJA 28A (detail), CJA 28B (sum.) • expert: CJA 28E (detail), CJA 28F (sum.) • investigative: CJA 28C (detail), CJA 28D (sum.) • other: CJA 28G (detail), CJA 28H (sum.)

CJA Voucher Reference Tool Co-counsel: § 230.53 Community defender organizations: § 420.20 Compensation/expenses of appointed counsel: § 230

• annual report: >1,000 hours: § 230.80 • case budgeting: § 230.26 • interim payments: § 230.73 • magistrate judge authority: § 230.43 • maximums: § 230.23 • non-reimbursable expenses: § 230.66

CRIMINAL JUSTICE ACT POLICIES AND PROCEDURES

EFFECTIVE OCTOBER 20, 2016

APPENDICES REVISED MAY 15, 2017

JUDICIAL COUNCIL OF THE NINTH CIRCUIT

District of Oregon Criminal Justice

Act Panel Attorney Manual

Administered by The Federal Public Defender

Updated December 2017

2017 REPORTOF THE

AD HOC COMMITTEETO REVIEW

THE CRIMINAL JUSTICE ACT

*Revised 11/9/2017

I. INTRODUCTION

___________________________________________________________________________________ Page | 6

I. INTRODUCTION

This Manual, designed to help CJA practitioners navigate local requirements under the CJA, is only one of many sources of guidance on the Criminal Justice Act. CJA practitioners should also familiarize themselves with other CJA resources, listed in Appendix 1.

If you have questions concerning CJA-related matters, please contact the CJA Panel Office at 503.326.2123. You may also reach out to:

Jennifer Horvath Mara Walker CJA Resource Attorney CJA Administrator 503.279.4266 503.279.4299 [email protected] [email protected]

Brad Dobrinski Ebony Riley CJA Panel Assistant Paralegal CJA Panel Assistant 503.279.4271 503.326.2023 [email protected]

[email protected]





eVoucher Support

Questions? Contact the CJA Panel Team! [email protected]

(503) 326-2123, ask for eVoucher help eVoucher: navigate to Help, eVoucher Documentation

6/4/2019 CJA Practitioner Resources | Defender Services Office - Training Division

https://www.fd.org/cja-resources 1/3

CJA Prac��oner Resources

We have gathered on this page links to addi�onal resources available to you. Theseresources include: connec�ng you to defenders and CJA panel a�orneys in your district andna�onwide; poin�ng you to blogs that update the law in your Circuit; providing you quickaccess to informa�on on ge�ng paid (for both your services and the assistance of experts);informing you of CJA guidelines, compensa�on rates, and case budge�ng; connec�ng you toavailable assistance with Supreme Court li�ga�on; and highligh�ng standards for effec�verepresenta�on. Check back in the future for addi�onal resources.

Search

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Training Events Program Materials & Videos Criminal Defense Topics

Li�ga�on Support Capital Defense Employment Other CJA Resources

https://www.fd.org/

https://www.fd.org/login

https://www.fd.org/training-events

https://www.fd.org/program-materials-and-videos

https://www.fd.org/criminal-defense-topics

https://www.fd.org/litigation-support

https://www.fd.org/capital-defense-training

https://www.fd.org/employment

https://www.fd.org/cja-resources



Federal Defender Office Websites and Blogs

Federal Defender Directory

CJA Panel A�orney District Representa�ves

CJA Guidelines

CJA Forms/Vouchers

CJA Compensa�on Rates & Maximums

Case Budge�ng

Funding for Expert, Inves�ga�ve & Other Services

Model Plan for Implementa�on and Administra�on of the Criminal Jus�ce Act

Federal Adapta�on of NLADA Performance Guidelines in CJA Cases

CJA Study Website

Na�onal CJA Voucher Reference Tool

CJA Panel Resource Counsel Program

Supreme Court Advocacy Assistance

New A�orney Training

https://www.fd.org/cja-resources/websites-blogs

https://www.fd.org/sites/default/files/cja_resources/defenderdir.pdf

https://www.fd.org/sites/default/files/cja_resources/cja_panel_rep_directory_current.pdf


http://www.uscourts.gov/forms/cja-forms

http://www.uscourts.gov/rules-policies/judiciary-policies/cja-guidelines/chapter-2-ss-230-compensation-and-expenses#a230_16

https://www.fd.org/cja-resources/cja-case-budgeting-worksheets-non-capital-and-capital-presentations

https://www.fd.org/cja-resources/funding-expert-investigative-and-other-professional-services

http://www.uscourts.gov/sites/default/files/vol07a-ch02-appx2a.pdf

https://www.fd.org/sites/default/files/cja_resources/federal-adaptation-of-nlada-performance-guidelines-for-criminal-defense-representatives_0.pdf

http://cjastudy.fd.org/


http://cjaresources.fd.org/cjaort/contacts.html#/?page=4

https://www.fd.org/supreme-court-advocacy-assistance

https://www.fd.org/cja-resources/new-attorney-training



Defender Services Office Training Division Administra�ve Office of the United States Courts One Columbus Circle, N.E. Suite 4-200 Washington, DC 20544

Phone: (202) 502-2900 Hotline: (800) 788-9908 Fax: (202) 502-2911

About DSOContact Us

HomeRSS Feeds

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https://www.fd.org/website-disclaimer

6/4/2019 Hotline | Defender Services Office - Training Division

https://www.fd.org/hotline 1/2

Hotline

Training Division Hotline - 1-800-788-9908

The Defender Services Office Training Division operates a free telephone "hotline" service toprovide guidance and informa�on on CJA cases regarding all aspects of criminal law andprocedure. To use the hotline, callers must be licensed a�orneys who are either members ofthe federal Criminal Jus�ce Act panel in their district, or federal public or communitydefender organiza�on employees.

Hotline callers will be connected to one of our permanent or visi�ng a�orney-advisors. If thea�orney-advisor on duty is not available at the �me of your call, you will be connected to hisor her voice mail and the a�orney-advisor will return your call as soon possible. Hotlinehours are from 9:00 a.m. to 5:00 p.m. (EST), Monday through Friday, except holidays.

Our a�orney-advisors may answer ques�ons regarding the applica�on of criminal statutes,rules or sentencing guidelines, direct callers to addi�onal resources, and, where appropriate,refer callers to other a�orneys with exper�se in a par�cular area of the law. If addi�onalresearch on a topic is required, we will try to advise callers on research strategies, but we donot provide individualized research. Each lawyer has the professional obliga�on to provideeffec�ve assistance of counsel to each client. Use of the hotline should not be considered asubs�tute for the inves�ga�on, research, analysis, and advocacy necessary to fulfill thatobliga�on. In addi�on, callers should consider any guidance provided by our a�orney-advisors as advice from a fellow colleague, not as an advisory opinion or any other type oflegal authority.

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6/4/2019 Hotline | Defender Services Office - Training Division

https://www.fd.org/hotline 2/2

CJA panel a�orneys should keep in mind that many ques�ons turn, at least in part, onknowledge of local federal prac�ce or state law, as well as familiarity with the federal judgesand prosecutors in the district in which a case is proceeding. As a result, we stronglyrecommend that, prior to calling the hotline, a�orneys first seek assistance from the FederalPublic or Community Defender's Office in their district. Many of these offices assign dutya�orneys to answer inquiries from members of the CJA panel. Contact informa�on for FDOsand CDOs na�onwide may be found here.



About DSOContact Us

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http://www.fd.org/sites/default/files/cja_resources/defenderdir.pdf



https://www.fd.org/




6/4/2019 Who is the National Litigation Support Team? | Defender Services Office - Training Division

https://www.fd.org/litigation-support/who-national-litigation-support-team 1/3

Li�ga�on Support

Who is the Na�onal Li�ga�on Support Team?

The Na�onal Li�ga�on Support Team is your consultant, your resource center, and yoursounding board for all li�ga�on support aspects of your case from beginning to end. We arehere to support both federal defender offices and CJA panel a�orneys throughout thecountry. Whether you are considering what data to request, how to manage the discoveryyou have received, or what type of presenta�on you would like to use in the courtroom, wecan provide assistance and guidance based on our own experiences, industry standards, andgeneral guidelines and principles we have developed that focus not only on documentmanagement but overall case management.

The Na�onal Li�ga�on Support Team consists of: Sean Broderick - Na�onal Li�ga�on Support Administrator Sean oversees the Na�onal Li�ga�on Support Team. He provides guidance andrecommenda�ons to federal courts, federal defender organiza�on staff, and court appointeda�orneys on electronic discovery and complex cases, par�cularly in the areas of evidenceorganiza�on, document management and trial presenta�on. Sean is the co-chair of the JointWorking Group on Electronic Technology in the Criminal Jus�ce System (JETWG), a jointDepartment of Jus�ce and Administra�ve Office of the U.S. Courts na�onal working groupwhich examines the use of electronic technology in the federal criminal jus�ce system andsuggested prac�ces for the efficient and cost-effec�ve management of post-indictmentelectronic discovery. Before his current posi�on, Sean worked as an inves�gator, mi�ga�onspecialist, and paralegal on numerous complex cases. In these different capaci�es, he dealtwith a wide range of criminal and civil cases, including mul�-defendant, white collar fraud,federal trial, capital trial, and habeas corpus death penalty cases. In addi�on to his hands-on

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work, Sean has spent considerable �me training legal professionals in electronic discoverymanagement, inves�ga�ons and li�ga�on support, both in the United States and abroad. Sean can be reached at (510) 637-1950 or [email protected].

Kelly Scribner - Assistant Na�onal Li�ga�on Support Administrator Kelly specializes in case management, workflow design and vendor rela�ons. Prior to workingwith us, Kelly was the Director of Li�ga�on Support Services for Loxodrome Solu�ons, Inc., ali�ga�on support vendor which works with civil law firms in the United States on documentmanagement and discovery needs. Prior to this posi�on, Kelly was a senior li�ga�onparalegal for Affymetrix, Inc., a biotech company, and at Pillsbury Winthrop LLP in SanFrancisco. She has ten years of li�ga�on support and legal experience relevant to ourna�onal needs, including project management of mul�-na�onal civil cases, overseeing onsitedocument collec�on, the assessment and selec�on of technology vendors, training end-userson li�ga�on support so�ware, and the supervision of large teams of a�orneys conduc�ngthe review of legal documents. Kelly can be reached at (510) 637-1952 or [email protected].

Alex Roberts - Na�onal Li�ga�on Support Paralegal Alex focuses on the technical areas of li�ga�on support and can assist with iden�fying whattechnology to use and when to use it. Alex has more than 10 years of experience in the fieldof li�ga�on support. Prior to joining us, Alex was a li�ga�on support technical analyst andworkflow coordinator for Foster Pepper, PLLC, a law firm in Sea�le, Washington where hesupervised and coordinated electronic discovery workflow, li�ga�on so�ware training,provided advanced legal database support and gave trial presenta�on consul�ng. Ofpar�cular note, Alex has worked in the past with CJA panel a�orneys in the Western Districtof Washington, consul�ng and par�cipa�ng in a number of complex CJA ma�ers. Alex can be reached at (510) 637-1955 or [email protected].

Kalei Achiu - Na�onal Li�ga�on Support Paralegal Prior to working with the Na�onal Li�ga�on Support Team Kalei worked for many years withthe Federal Public Defender's Office for the Central District of California in Los Angeles. Shehas also been a paralegal at the Orange County Public Defender's Office. Kalei can be reached at (510) 637-1950 or [email protected].

Li�ga�on Support

What is Li�ga�on Support?

The Language of Li�ga�on Support

I Have Electronic Data... Now What?

Who is the Na�onal Li�ga�on Support Team?






https://www.fd.org/litigation-support/language-litigation-support

https://www.fd.org/litigation-support/i-have-electronic-datanow-what

https://www.fd.org/litigation-support/who-national-litigation-support-team



Coordina�ng Discovery A�orneys

Direct Assistance for CJA Panel

CJA Panel A�orney So�ware Discounts

Joint Electronic Technology Working Group (JETWG)

Resource Materials

Li�ga�on Support Blog



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https://www.fd.org/litigation-support/coordinating-discovery-attorneys

https://www.fd.org/litigation-support/direct-assistance-cja-panel

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https://www.fd.org/litigation-support/joint-electronic-technology-working-group

https://www.fd.org/litigation-support/resource-materials

https://nlsblog.org/



https://www.fd.org/




July 2018

FEDERAL PUBLIC DEFENDER LISA C. HAY Federal Public Defender STEPHEN R. SADY Chief Deputy Defender Bryan E. Lessley ▲ Craig Weinerman ▲ Mark Bennett Weintraub ▲ Gerald M. Needham Thomas J. Hester Ruben L. Iñiguez Anthony D. Bornstein Susan Russell Francesca Freccero C. Renée Manes Nell Brown Kristina Hellman Fidel Cassino-DuCloux Alison M. Clark Brian Butler +

DISTRICT OF OREGON

101 SW Main Street, Suite 1700 Portland, OR 97204

503-326-2123 / Fax: 503-326-5524

Branch Offices: 859 Willamette Street 15 Newtown Street Suite 200 Medford, OR 97501 Eugene, OR 97401 541-776-3630 541-465-6937 Fax: 541-776-3624 Fax: 541-465-6975

Thomas E. Price Michelle Sweet

Mark Ahlemeyer Susan F. Wilk

Oliver W. Loewy Elizabeth G. Daily

Conor Huseby Robert Hamilton Jessica Snyder ★

Lisa Ma ★

In Memoriam Nancy Bergeson

1951 – 2009

▲Eugene Office + Medford Office

★ Research/Writing Attorney

Form for new eVoucher users If you work as an attorney on the CJA Panel or as a service provider on a CJA Panel case in the District of Oregon, eVoucher is how you will be paid. In order to set up a new eVoucher profile, please complete the following information and return this form to the CJA Panel office, located within the Federal Public Defender’s office. The form may be emailed to Ebony Riley at [email protected]. You can also send all but the tax id via email and then call (503) 326-2123 (the main line for the Federal Public Defender in Portland, Oregon) and ask for Ebony to give out your tax id over the phone. You may also use this form if you are a current eVoucher user and want to update any of the information. Effective July 2nd, 2018, you will also need to send a W9 in addition to this form.

NAME:

ATTORNEY or EXPERT SERVICE PROVIDER TYPE (such as investigator, interpreter, paralegal, psychologist, etc.): SSN: (Needed if attorney, not needed if Vendor using EIN) BUSINESS NAME: (Needed if using EIN) EIN: (Not needed if using SSN)

ADDRESS:

EMAIL:

PHONE NUMBER:


Dobrinski

Highlight

Form W-9(Rev. October 2018)Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the

requester. Do not

send to the IRS.

Pri

nt

or

typ

e.

See

Sp

ec

ific

In

str

uc

tio

ns o

n p

age

3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions)

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number

– –

orEmployer identification number

–

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of

U.S. person Date

General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

6/4/2019 CJA Verification Form

cjaresources.fd.org/pl_cjaverify.aspx 1/1

Requesting Log In Credentials for fd.org Access to the secured sections of fd.org is generally limited to employees of federal defender offices andprivate CJA practitioners. To receive log in credentials, you must complete an online application, beginningwith the fields below. We will review your application within 7 business days, though this time frame mayincrease if we have a large volume of requests. If your application is approved you will receive an automatedemail containing your user ID as well as instructions on how to create a password. We will notify you by emailif your application is denied. If you have any questions or encounter any problems, please send an email to:[email protected].

If you think you have an account, please try to recover your password using this link:https://www.fd.org/user/password

Are you a member of a CJA district or appellate court panel, or enrolled

in an established CJA Panel Training Program in at least one jurisdiction?: Yes No

http://www.fd.org/


https://www.fd.org/user/password

SDSO-Training Division February 2018 Page 1 of 2

ACTIVATING CJA PRIVILEGES The next generation (NextGen) of CM/ECF provides a new toggle feature that allows you to switch from non-exempt to exempt status when performing CJA-related work, which is exempt from PACER fees. This feature is available only if you have been appointed as a CJA attorney. If your PACER account was created prior to August 2014, you must upgrade it (see Upgrading your PACER Account for instructions), if you have not already done so.

Below are instructions for activating CJA privileges if you are (1) an existing CJA attorney with a PACER-exempt account in a NextGen court; (2) a newly appointed CJA attorney with an existing PACER account; or (3) a newly appointed CJA attorney with no PACER account.

Existing CJA Attorney with a PACER-Exempt Account in a NextGen Court

STEP 1 Contact the PACER Service Center (PSC) at (800) 676-6856 or email them at [email protected] to request that CJA privileges be added to your upgraded PACER account. You must provide:

a. Your name, user name, and the account number of your upgraded PACER account. You can find this information by logging on to Manage My Account at www.pacer.gov.

b. The district in which you have been appointed as a CJA attorney.

c. Your PACER-exempt account information, which includes your user name and account number. You can find this information by logging on to Manage My Account at www.pacer.gov.

Note: Once CJA privileges are activated on your upgraded PACER account, your PACER-exempt account will be canceled.

STEP 2 The PSC will send you an email with instructions on how to proceed.

Newly Appointed CJA Attorney with an Existing PACER Account STEP 1 Contact the PACER Service Center (PSC) at (800) 676-6856 or email them at

[email protected] to request that CJA privileges be added to your upgraded PACER account. You must provide:

a. Your name, user name, and the account number of your upgraded PACER account. You can find this information by logging on to Manage My Account at www.pacer.gov.

https://www.pacer.gov/ecfcbt/cso/PACER_Job_Aids/Upgrade_PACER_Account_Jan2018_v2.pdf


http://www.pacer.gov/




SDSO-Training Division February 2018 Page 2 of 2

b. The district in which you have been appointed as a CJA attorney.

STEP 2 The PSC will send you an email with the CJA acknowledgement and instructions for exempt usage.

STEP 3 Reply to the email acknowledging that you accept and understand the terms of use. CJA privileges will not be activated until you acknowledge the terms of use.

STEP 4 Upon receipt of your acknowledgment, CJA privileges will be activated and you will be able to use the Change PACER Exemption Status toggle in NextGen courts and “x-” prefix in

CurrentGen courts.

Newly Appointed CJA Attorney with NO PACER Account STEP 1 Register for a PACER account at www.pacer.gov.

STEP 2 Complete all required fields and submit your registration.

In the Account Information section, be sure to select the check box indicating the account will be used by an attorney appointed to the CJA Attorney Panel. After you select the check box, the CJA Jurisdiction drop-down list appears. A selection from this list is required; you must select the jurisdiction in which you have been appointed as a CJA attorney.

STEP 3 Once your registration has been processed by the PACER Service Center (PSC), you will receive an email with the CJA acknowledgement and instructions for exempt usage.

STEP 4 Reply to the email acknowledging that you accept and understand the terms of use. CJA privileges will not be activated until you acknowledge the terms of use.

STEP 5 Upon receipt of your acknowledgment, CJA privileges will be activated and you will be able to use the Change PACER Exemption Status toggle in NextGen courts and “x-” prefix in

CurrentGen courts.


6/4/2019 Defending a Federal Criminal Case | DFCC 2016

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Defending a FederalCriminal Case2016 EditionPublication date: June 2016ISBN-13 (print): 9780692671030ISBN-13 (eBook): 9780692671047Subject: Federal Criminal Defense

Defending a Federal Criminal Case (DFCC), 2016Edition, is the most-up-to date and comprehensivefederal criminal defense practice guide available.Written by Federal Defenders, Assistant FederalDefenders, Criminal Justice Act (CJA) counsel, andCapital Resource Counsel, it is the definitive guidefor lawyers practicing criminal law in the federalcourts.

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The DFCC is the quintessential authority on federal criminal defenseavailable today. It includes analysis on emerging issues in federal criminallaw and practical advice on navigating challenging issues at all stages offederal criminal proceedings, from the bail hearing through trial andappeal. The DFCC is perfect for CJA practitioners with questions on aparticular aspect of criminal law or practice as well as newer assistantfederal public defenders looking for a useful reference guide as they startout. As such, the DFCC is a practitioner’s tool providing: a comprehensive,yet concise, statement of the legal issues addressed and insiders’ tips onhow lawyers should navigate a case (e.g., what to watch out for, pitfallsto avoid, what to follow-up on, and what the “hot button” issues are in aparticular area). The DFCC is a practice guide from a clearly defense-oriented perspective. Topics in the 2016 Edition include: SpecialConsiderations in Representing Noncitizen Defendants, Federal FirearmsOffenses, International and Foreign Law, Crime in Indian Country, FederalSex Offenses, Common Constitutional Issues that Arise During Trial,International Border-Crossing Offenses, Mental Health Issues in FederalCriminal Practice, Evidence, Prosecutorial Misconduct, Plea Agreements,the Federal Bureau of Prisons, and more!

Pages: 1,568Language: EnglishPublisher: Federal Defenders of San Diego, Inc

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6/4/2019 Introducing the Guidelines App | United States Sentencing Commission

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INTRODUCING THE GUIDELINES APP

What Is It & How Does It Work?The Guidelines App is an interactive web-based application that provides easy access to the fullcontent of the Guidelines Manual and its appendices with enhanced features and improvednavigation. The app is accessible through any internet browser on mobile devices, desktop, orlaptop computers.

Guidelines App users can instantly:

search for the applicable Chapter Two guideline in a case by typing in or selecting thestatute of convic�on;

determine the guideline range in the Sentencing Table, base offense level using the DrugQuantity Table, or marihuana equivalencies for substances referenced in the DrugEquivalency Tables by using the app calculators; or,

research a guideline amendment by typing in the amendment number or effective date.

Other helpful features of the app include:

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bookmarking, text highligh�ng, and personal note-taking; and,

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6/4/2019 Webinar: CJA Resources: Making The Most Of The Panel Attorney's Toolkit | Defender Services Office - Training Division

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Program Date: April 05, 2018

Program Materials

Webinar: CJA Resources: Making The Most Of ThePanel A�orney's Toolkit

Program Descrip�on:

Advoca�ng for resources needed to successfully represent your CJA client is an essen�al partof your CJA prac�ce. The CJA Guidelines specify how panel a�orneys obtain funding forexperts and other service providers to assist counsel in building their defense team anddefending their clients. This webinar will help you make sense of it all. Learn some new ideasand �ps on how to obtain technical and li�ga�on support funding and the best ways to usethose funds. This webinar will also explore poten�al roles of inves�gators, paralegals,mi�ga�on specialists and other service providers, as well as resources available throughwww.fd.org and the Defender Services Office Training Division.

Presenters:

Sharon Samek, A�orney Advisor, Legal & Policy Division, Defender Services Office

Jayme L. Feldman, Visi�ng A�orney Advisor, Training Division, Defender Services Office(Moderator)

Program Link: h�ps://uscourts.webex.com/uscourts/lsr.php?RCID=eb357c06bf0bd8ac61c35c5a18dec98a

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6/4/2019 Webinar: CJA Resources: Making The Most Of The Panel Attorney's Toolkit | Defender Services Office - Training Division

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The Life of a CJA Case Jennifer Horvath, CJA Resource Attorney | Brad Dobrinski, CJA Panel Paralegal

a. Our main website http://or.fd.org/content/criminal-justice-act b. Appointment

a. Contact by CJA Panel Office, usually via email b. We then get you officially on the docket c. eVoucher notification

c. Funding and Billing a. All through eVoucher – end result is a paper check b. Need new vendor forms and a W9 sent to Ebony c. Our office does a preliminary review of eVoucher documents and then the presiding

Judge and if needed the 9th Circuit delegate reviews submissions d. Statutory maximums for attorneys

i. $148/hr current rate ii. Case compensation maximum $11,500 – above this needs 9th Circuit review and

approval e. Statutory maximums for service providers

i. See CJA Oregon Manual for rate ranges ii. Standing Order 2017-5 - Acts as the first authorization for five service provider

types to get started on a case iii. Otherwise $900 cumulatively available for other service provider types, so an

advance Auth is needed. Above $2,600 cumulative per service provider needs 9th Circuit review and approval

d. Tip sheets a. Tip Sheet - AUTHs b. Tip Sheet - Interpreter Billing and Policies c. Tip Sheet - Billing Guidance d. Tip Sheet - Expert Billing e. Tip Sheet - Travel Requests f. Tip Sheet - Transcript Requests g. Tip Sheet - Associates in eVoucher

e. eVoucher quick view a. enable pop ups for this site

f. Rules and Guidance a. See Manual and links on page 39 of our manual

g. Other highlights a. Pacer free for CJA cases, this includes service providers if needed b. Travel requests submitted timely c. Motions to withdraw

i. Form on our website to come to our office first

1 of 23


From: Brad DobrinskiTo: Brad DobrinskiCc: Mara S WalkerBcc:

Subject: Need CJA counsel for new drug caseDate: February 04, 2019 08:23:00Attachments:

Good Morning,

Here are the details. On Friday, 02/01/2019, made his first appearancein case He was detained and an interpreter is needed. The next court date isArraignment set for 3/1/2019 at 1:30PM.

Charges are:

21:841(b)(1)(C) DISTRIBUTION OF HEROIN 21:841(b)(1)(B) DISTRIBUTION OFMETHAMPHETAMINE

AUSA is .

is assigned to MCIJ with SWIS ID

Please let us know if you can or cannot help.

--

Thank you,Brad DobrinskiCJA Panel ParalegalFederal Public Defender District of [email protected](503) 279-4271http://or.fd.org/content/criminal-justice-act

2 of 23





From: zzORml_eVoucher_SupportTo: Brad DobrinskiSubject: CJA eVoucher - orx_test Notifying Counsel of AppointmentDate: June 03, 2019 15:55:24

To: Fictional Attorney,

Date: 6/3/2019 3:55:07 PM.

This is to inform you that the Oregon District Court has appointed you torepresent Case, Test in case USA v. Test case, 3:19-CR-00000 before theU.S. District Court for the District of Oregon.

Once an Order of Judgment and Commitment has been entered in thiscase, you and any service providers on this case have 90 days to submita final bill. Please notify your service providers within seven (7) days ofthe entry of the Order of Judgment and Commitment.

You may access this appointment via the CJA eVoucher programat https://evsdweb.ev.uscourts.gov/CJA_orx_prod/CJAeVoucher/ andclick on Defendant in Appointments’ List to sort alphabetically.

Regards, The U.S. District Court for the District of Oregon

The information in this e-mail and in any attachment may contain information which is privileged. It is intended only for the attentionand use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute themessage and/or any of its attachments. If you received this e-mail in error, please notify the sender and delete this message. Thankyou.

3 of 23

mailto:/O=FDO/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=A5CAACF8E29C980B0068861485257D43


https://evsdweb.ev.uscourts.gov/CJA_orx_prod/CJAeVoucher/

VII. BILLING AND VOUCHER REVIEW

___________________________________________________________________________________ Page | 24

VII. BILLING AND VOUCHER REVIEW

All requests for CJA compensation and reimbursement of expenses in the District of Oregon must be submitted through eVoucher. Forms and instructions can be found on the eVoucher site. All submissions in eVoucher are ex parte. A Frequently Asked Questions section is available on the eVoucher website.

To set up an eVoucher account for yourself or a vendor, please complete an eVoucher new vendor form (available on the website of the Federal Public Defender) and submit to the CJA Panel Office. Any vendor changes of address or tax identification numbers should be submitted on a new vendor form.

Attorneys are responsible for creating a CJA 21 voucher for each service provider and assigning the voucher to the service provider for entry of services and expenses. Attorneys must review and certify the accuracy and thoroughness of the voucher in a timely manner prior to submission. Attorneys should screen their eVoucher queue for pending submissions.

eVoucher Forms

Provider Case Type Form Purpose Attorney Non-Capital & Capital CJA 26 Budget Attorney Non-Capital CJA 20* Attorney bill Attorney Capital CJA 30 Attorney bill Service Provider Non-Capital & Capital Auth Expert request Service Provider Non-Capital CJA 21 Expert bill Service Provider Capital CJA 31 Expert bill Court Reporter Non-Capital & Capital Auth 24 Transcript request Court Reporter Non-Capital & Capital CJA 24 Court reporter bill

*accompanied by a CJA 20 worksheet (available on the Federal Public Defender’s website)

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CJA 20 VOUCHER WORKSHEET Page 1 of 1

Client’s Name: Case #: No. of Counts: Charges: Are there co-defendants?: Number:

Were substantive motions Drafted? Filed? Suppress physical evidence Drafted? Filed? Suppress confessions Drafted? Filed? Suppress identification Drafted? Filed? Severance Drafted? Filed? Other: Drafted? Filed?

Contested sentencing issues? If yes, what

Investigator retained? Interpreter(s) used? Other service providers retained? Type of service provider(s)

Mandatory minimum case? Mandatory minimum avoided? Extensive cooperation?

Approximate # of pages of discovery:

Approximate size of discovery:

Was client in custody? If so, where?

Case disposition:

Trial Plea Explain

Sentence (if applicable):

What about this case made it extended or complex?

5 of 23

Guide to Judiciary Policy, Vol. 7A, Ch. 2 Page 21

(f) More than One Counsel

In difficult cases in which the court finds it necessary to appoint more than one attorney, the limitations apply separately to each attorney.

(g) Ancillary Matters

Representation in ancillary matters is compensable as part of the representation in the principal matter for which counsel has been appointed, and is not considered a separate appointment for which a separate compensation maximum would apply.

(h) Increases to the Maximum Compensation Rate

Under 18 U.S.C. § 3006A(d)(2), the attorney case compensation maximums increase “simultaneously” with aggregate changes in the maximum attorney hourly compensation rate. Current case maximum amounts are identified below in § 230.23.20.

§ 230.23.20 Current Attorney Case Compensation Maximums

For work performed on or after February 15, 2019, the case compensation maximums are as follows:

§ 230.23.20 Current Attorney Case Compensation Maximums

If the case is a... the case maximum is...

(a) Felony (except federal capital prosecutions) $11,500 for trial court level $8,200 for appeal

(b) Misdemeanors (including petty offenses (class B or C misdemeanors or infractions) as provided in 18 U.S.C. § 3006A(a)(2)(A)))

$3,300 for trial court level $8,200 for appeal

(c) Proceedings under 18 U.S.C. § 4106A (in connection with paroled prisoners transferred to the United States)

$2,500 for representation before the U.S. Parole Commission $8,200 for appeal

(d) Proceedings under 18 U.S.C. § 4107 or § 4108 (for counsel and guardians ad litem providing services in connection with prisoner transfer proceedings).

Note: For information on appointment of counsel or guardians ad litem under 18 U.S.C. § 4109, see: Guide, Vol. 7B (International Prisoner Transfer Proceedings).

$3,300 for each consent verification proceeding

6 of 23

http://www.law.cornell.edu/uscode/text/18/3006A#d_2

http://www.law.cornell.edu/uscode/text/18/3006A#a_2

http://www.law.cornell.edu/uscode/text/18/3006A#a_2

http://www.law.cornell.edu/uscode/text/18/4106A

http://www.law.cornell.edu/uscode/text/18/4107





Dobrinski

Highlight

VI. COMPENSATION AND PRIOR COURT AUTHORIZATION

___________________________________________________________________________________ Page | 18

The CJA contains waivable case compensation maximum amounts for the various types of representations. These limits do not apply in capital cases. Expenses do not apply towards statutory maximums. Attorney hourly rates are set forth in Appendix 2; statutory case compensation maximums in Appendix 4.

2. Exceeding Case Compensation Limits Circuit approval is required to exceed these limits. The court may approve

attorneys’ fees in excess of statutory case compensation limits to provide fair compensation in cases involving extended or complex representation.

If counsel’s fees exceed the case compensation maximum in a non-budgeted case, counsel must submit a declaration with the voucher. The declaration must contain detail sufficient to justify a finding that the case involves extended or complex representation, and that the amount is necessary to provide fair compensation. The declaration should not contain confidential information or work product.

3. Compensable Services · Budgeting and Voucher Preparation

Reasonable time spent drafting budgets and authorizations is compensable. Time spent preparing attorney vouchers and declarations for excess compensation is not compensable. Reasonable time spent drafting expert funding requests and reviewing expert vouchers is compensable.

· Travel Reasonable time spent on travel authorizations and travel time itself is compensable. Time spent making travel arrangements is not compensable.

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Dobrinski

Highlight

XI. APPENDIX

___________________________________________________________________________________ Page | 41

3. APPENDIX 3 – SERVICE PROVIDER HOURLY RATES (9TH CIR.)

Investigator1 $55 – $85 (Oregon: $75 standard; $85 specialized) Paralegal2 $35 – $60 (Oregon: $50 standard; $60 specialized) Law Student $15 – $25 Legal Analyst/Consultant Attorney $75 – $100 Mitigation Specialist $75 – $100 ($55 for record collection) Attorney Expert – Capital Case $185 Attorney Expert – Non-Capital Case $140 Litigation Support Expert $65 – $140 Psychiatrist (M.D.) $250 – $375 Neurologist (M.D.) $250 – $375 Other Medically-licensed Expert (M.D., D.O.) $250 – $375 Neuropsychologist (with Ph.D.) $200 – $350 Psychologist (with Ph.D.) $150 – $300 Accountant $150 – $275 Audio, Video, or Photo Analyst $100 – $200 Ballistics/Firearms Expert $150 – $250 Chemist $100 – $250 DNA $150 – $250 Fingerprint Analyst $100 – $125 Forensic Computer/Cellphone Analyst $150 – $250 Gang Expert $100 – $200 Handwriting Analyst $100 – $125 Jury Consultant $150 – $225 Interpreter/Translator $25 – $75 (Oregon: $75 if federally certified Spanish-

language; $60 if not federally-certified) Document Translation3 16.5 cents per word (9th Cir.)

20.0 cents per word (OR Spanish-language)

1 Investigators at the maximum rate should have foreign language skills, a high level of

investigative expertise in the type of crime alleged, specialized case skills, or experience conducting investigations in a significant number of federal cases, etc.

2 Paralegals appointed at the maximum rate should have foreign language skills, discovery database management expertise, or subjective coding experience in at least two prior federal cases or complex civil litigation, etc.

3 Rate based on those prescribed by the United States Department of State, Office of Language Services, Translation Division.

8 of 23

UNITED STATES DISTRICT COURT

In the matter of Obtaining CJA Services Without Prior Authorization

DISTRICT OF OREGON FILEni'3APR"l7 l5:30USDC·DRP

) ) )

Standing Order No. ,;io J t -5

Pursuant to U.S.C. § 3006A(e)(2), prior approval is required for investigative, expert, and

other services ifthe total cost of those services exceeds $800. CJA representations in this District

routinely require the use of the services of investigators and interpreters, at a cost in excess of

$800. In order to avoid the necessity of CJA defense counsel having to expend the time to apply

to exceed the $800 maximum, the Court hereby authorizes CJA defense counsel to use the

services of investigators, interpreters, paralegals, psychologists, and litigation support, up to the

case compensation maximums set by the CJA Guidelines, Volume 7 A, § 310.20. l O(A), currently

$2,500, for each service provider type, without further order of the Court.

CJA defense counsel and service providers shall otherwise comply with U.S.C. §

3006A( e )(2).

IT IS SO ORDERED.

Dated: ( q At>ril Zu\ f-

9 of 23

Dobrinski

Highlight

March 2019

DISTRICT OF OREGON CJA TIP SHEET AUTHs

An AUTH is an application for preauthorization of CJA funds for non-attorney services. To submit an AUTH, please file the request in eVoucher and upload a declaration in support of the request. Please omit motions and proposed orders, as both are unnecessary. If the service provider has not recently provided services in a CJA case, please upload a resume where appropriate. Counsel may incur up to $900 in non-attorney services on each case without submitting an AUTH, and Standing Order 2017-5 preauthorizes funds for certain types of services. Standing Order 2017-5 is the functional equivalent of a first AUTH for certain types of services. Standing Order 2017-5 preauthorizes CJA funds, up to the case compensation maximum (currently $2,600), per type of service, for investigators, interpreters, paralegals, psychologists, and litigation support. For example, multiple paralegals on a case may bill up to a combined total of $2,600 without further authorization. On the same case, an investigator may also bill up to $2,600 on a case without further authorization. Please note in the Description field whether the service provider has already started working on the case pursuant to Standing Order 2017-5, if the service type is preauthorized by the standing order. If you are submitting your first AUTH for a service provider in a case, choose Create New Authorization. If you are requesting additional funds on a previously approved authorization, choose Request Additional Funds. On the Basic Info page: Estimated Amount: enter the amount you are currently requesting Basis of Estimate: enter the number of hours and the hourly rate (e.g., 50h @ $75/h) Description: if applicable, enter Service Provider started under Standing Order 2017-5 and/or

a nunc pro tunc date Service Type: select category Notes: enter the service provider’s name

Questions? Contact the CJA Panel Team! [email protected] (503) 326-2123, ask for eVoucher help eVoucher: navigate to Help, eVoucher Documentation

10 of 23


Dobrinski

Highlight

Dobrinski

Highlight

December 2017

DISTRICT OF OREGON CJA TIP SHEET Interpreter Billing

Due to new CJA policies and procedures adopted by the Ninth Circuit, Spanish-language interpreters in the District of Oregon must bill in six-minute increments (tenths of an hour) for CJA services on or after May 15, 2017. For services provided prior to May 15, 2017, bill at the half/full day rate.

The District of Oregon permits a two-hour minimum for services (including travel time) over 30 minutes and under two hours. The two-hour minimum may only be reimbursed once per day, even if multiple clients are seen. Services below 30 minutes and over two hours must be billed according to actual time spent. Travel time should be separated onto another line in eVoucher except when included in a two- hour minimum. Travel miles are reimbursable as expenses.


Example of a CJA 21 entry for services on or after May 15, 2017:

Date Description Units Rate Amt

05/15/2017 round trip travel time to Specific Jail 1.7 $75.00 $127.50 05/15/2017 meeting with client and attorney. 1.6 $75.00 $120.00 05/17/2017 translation of attorney letter to Client. 398 English words. 398.0 $0.20 $79.60

05/26/2017 2 HR MIN. 0.7 spent in round trip travel and 0.4 spent for investigator phone call with witness from attorney's office.

2.0 $75.00 $150.00

05/28/2017 Follow up call between investigator and witness. 0.3 $75.00 $22.50

Rates Spanish-language federally certified interpreter: $75/hr Spanish-language non-federally certified interpreter: $60/hr Document translation: $0.20/English word

Minutes Tenths 0-3 .0 3-6 .1

7-12 .2 13-18 .3 19-24 .4 25-30 .5 31-36 .6 37-42 .7 43-48 .8 49-54 .9 55-60 1.0

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December 2017

DISTRICT OF OREGON CJA TIP SHEET Interpreter Policies

(effective May 15, 2017) · Changes from 2011 policies

o Abolish full/half day rates for Spanish-language out-of-court interpreting. o Increase hourly rates.

· Out of court interpreter services

o Spanish • Federally-certified: $75 per hour • Non-federally certified: $60 per hour

o Non-Spanish: negotiate reasonable rate · Document translation

o Spanish: $0.20 cents per word o Non-Spanish: negotiate a reasonable rate

· Audio Transcription and Translation:

o Spanish • Federally-certified: $75 per hour • Non-federally certified: $60 per hour

o Non-Spanish: negotiate reasonable rate · Thirty Minute Rule/Two Hour Minimum (one 2h minimum per day)

o Services up to and including 30 minutes: bill for actual time spent o Services over 30 minutes but under two hours, bill for two hours (including travel) o Services over two hours: bill for actual time spent

· General guidelines

o Authorization required for combined services over $2,500 o Bill in six-minute increments (tenths of an hour) o Only one two-hour minimum per day, even for multiple clients o Mileage is reimbursable

· Cancellation Policy

o Interpreters are an integral and valued part of effectively representing financially-eligible defendants. Every effort should be made to avoid less than 24 hours’ notice of a cancelled interpreter appointment. Should that occur, the interpreter can bill CJA for any actual out-of- pocket expenses and for the actual time expended to get to and from the appointment.

12 of 23

December 2017

District of Oregon CJA Tip Sheet General Billing Guidance

Please note that this is not an exhaustive list. For more information, please see the District of Oregon CJA Attorney Manual, the Ninth Circuit Judicial Conference CJA Policy and Procedures, and the CJA Guidelines in Volume 7 of the Guide to Judiciary Policy.

CJA counsel bill on CJA20s and create those for themselves in eVoucher. CJA counsel must create CJA 21s in eVoucher for their experts and attach them to the correct authorization (or use no authorization as appropriate, for example pursuant to Standing Order 2017-5). Experts are required to enter their own services. Attorneys need to “assign” the CJA 21 vouchers to the expert when creating the voucher. An exception can be made for experts who are not anticipated to be active and regular panel experts. If the attorney is willing, they can enter in that expert’s time themselves. Time spent completing vouchers is not compensable, whether done by the expert or the attorney. Attorney review of expert vouchers is required and is compensable time.

Bill in six-minute increments. If the time spent on a service does not approach six (6) minutes, do not enter the time as a 0.1. You can aggregate shorter periods of time, but the aggregate should not total more than the actual time spent. Minimal individual time that cannot be aggregated can be noted as no charge in the services tab by entering 0.0 for the units or a general public note can be added to the confirmation page.

Minutes Tenths 0-3 .0 3-6 .1 Questions? Contact the CJA Panel Team!

[email protected] (503) 326-2123, ask for eVoucher help eVoucher: navigate to Help, eVoucher Documentation

7-12 .2 13-18 .3 19-24 .4 25-30 .5 31-36 .6 37-42 .7 43-48 .8 49-54 .9 55-60 1.0

Each service entry should be unique even for similar services. Services need to be itemized and should not be combined with large entries for various services spanning a day. Time entries require sufficient detail for courts to make a determination of reasonableness. For example, if documents are reviewed, enter an estimated page count and the type of document, such as transcripts, investigative reports, medical records, etc.

If you have billable communications by email, phone, or in person, please identify who was contacted by initials or other identifier, such as Witness 1. When meeting with other CJA billers on a case, all should confirm the amount of time to be billed at the conclusion of the meeting. Comments confirming meeting times should be added in the Public/Attorney Notes field on the Confirmation tab as this speeds up the voucher review process. Attorneys should confirm the dates of court appearances in PACER before submitting their voucher.

13 of 23


Dobrinski

Highlight

December 2017

DISTRICT OF OREGON CJA TIP SHEET Specificity in Expert Billing

An expert’s description of services should mirror the work requested in the expert authorization. Services should contain some detail but no work product. If the services are different, the attorney/expert must include a justification for the difference. Experts must bill in 6 minute increments and should also be sure to aggregate services that take less than six minutes. Do not bundle services for the same day into one entry. Also see the Tip Sheet on Billing Guidance. Do this:

Date

Description

Units

05/15/2017 round trip travel time to Specific Jail 1.7

05/15/2017 meeting with client and attorney (initials) and interpreter (initials). 1.6

05/17/2017 Review volume 3 discovery: search warrant affidavits, DEA 6 reports 3.4

05/26/2017 research into witness (initials); review witness specific discovery (about 70 pages) 2.1

05/28/2017 Follow up call with witness (initials) 0.2 05/28/2017 travel to and from (city) to interview witness (initials) 1.3 05/28/2017 interview witness (initials) 0.6

05/31/2017 Voice mail and email to attorney about witness (initials) interview 0.2

Not this:

Date

Description

Units

05/15/2017 travel time (2.0); case meeting (1.5); email attorney (0.3) 3.8 05/17/2017 Review discovery 3.5 05/26/2017 Witness research 2.0 05/28/2017 Phone call 0.5 05/31/2017 Voice mail to attorney 0.1 05/31/2017 Email to attorney 0.1 05/31/2017 Email from attorney 0.1

Questions? Contact the CJA Panel Team! [email protected] (503) 326-2123, ask for eVoucher help

eVoucher: navigate to Help, eVoucher Documentation

Minutes Tenths 0-3 .0 3-6 .1

7-12 .2 13-18 .3 19-24 .4 25-30 .5 31-36 .6 37-42 .7 43-48 .8 49-54 .9 55-60 1.0

14 of 23


December 2017

District of Oregon CJA Tip Sheet Travel Requests

Attorneys must submit travel requests in eVoucher at least two weeks in advance of the proposed travel. This is done by creating a Travel document in eVoucher. The attached declaration should detail the purpose, itinerary, duration, and estimated expenses for the travel. A motion and order are not needed. All air travel must be pre-authorized by the court, as air travel is paid by the CJA Panel Office. Call National Travel Service at 1-800-445-0668 to get estimates for airfare and lodging costs. Tell them this would be paid by U.S. Courts - Oregon CJA Travel account. Do not book the trip until after the court has approved the request. Travel by privately owned vehicle or rental car within the district or within 500 miles, and with only one overnight stay, does not require prior authorization. CJA reimburses for expenses actually incurred during travel, including meals and lodging, rather than providing a per diem. All receipts should include line item detail where possible. Alcohol and tips are not reimbursable. Time spent making travel arrangements, whether undertaken by an attorney, paralegal, or other staff member, is not compensable. Time spent preparing a request for travel authorization from the court is compensable. Dates of travel are anticipated, but are subject to change due to unforeseen scheduling conflicts. The standard range for travel to take place is within a two months of the date the court approves the request. Travel costs are estimated. CJA reimburses for actual costs incurred instead of per diem. Per diem is used as a guide to what is reasonable to reimburse. The government rate for lodging can be found here: https://www.gsa.gov/portal/content/104877


15 of 23

https://www.gsa.gov/portal/content/104877


Dobrinski

Highlight

April 2018

District of Oregon CJA Tip Sheet Transcript Requests

The district court needs to first approve an AUTH24 before an attorney can order the production of a transcript. This includes 9th Circuit cases with CJA counsel. The AUTH24 will be created by CJA Panel Office to increase efficiency. Email these details (and/or a copy of the Transcript Designation and Order form if filed on the docket) to [email protected] and let the court reporter know you are making the request:

1. Case number: 2. Proceeding in which transcript will be used: (such as sentencing preparation) 3. Proceeding(s) to be transcribed: (such as 05/25/2017 CR 12 Status Hearing) 4. Speed category to choose from (choose one):

Ordinary (30 days) 14-day (14 days) Expedited (7 days) 3-Day (3 days) Daily (following morning) Hourly (two hours after proceeding) Realtime Unedited

5. Name of Court Reporter(s): Once the court approves the AUTH24, you will receive an automated email asking you to create the CJA24 for a specific court reporter(s). The CJA24 is what the court reporter will use submit their bill and is a separate document from the AUTH24. When you create the CJA24, be sure you have the voucher assignment set to expert before creating the voucher. As long as the CJA24 is assigned to the court reporter to complete, the reporter will receive an automated email that it is ready to bill, just like other service providers receive with CJA21s. Do not create a CJA24 without linking it to an AUTH24 as this will result in boxes 12-16 being blank on the confirmation page of the CJA24. Expedited requests should be the exception. See § 320.30.20 of Volume 7, Guide to Judiciary Policy. There are some circumstances in which accelerated transcript services may be provided. A general assertion of “competing professional demands” is not a justification for an expedited request. Note: In multi-defendant cases, no more than one certified transcript should be ordered on behalf of CJA defendants. Where possible, CJA counsel should facilitate providing electronic copies to co-defense counsel. Questions? Contact the CJA Panel Team! [email protected] (503) 326-2123, ask for eVoucher help eVoucher: navigate to Help, eVoucher Documentation

16 of 23



District of Oregon CJA Tip Sheet Associate Billing

December 2018

If you use in-house or contract associates on your cases, there are some important changes under eVoucher 5.2 that will help us track the need for associate attorneys on cases. Associate funding request: use CJA26 instead of AUTH Please use the CREATE link next to the CJA-26 option instead of the AUTH option. • Basic Info page: please complete the information requested to the extent possible • Justification page: there are seven questions (# 3 - # 9). You only need to complete # 3 with the

following information: “Associate Request, see attached.” • Documents page: upload a declaration as you normally would. • Confirmation page: in the Public/Attorney notes section towards the bottom of the page, please

include the following:

Request Associate attorney (name) effective (start date) for $(total amount) (Xh @ $x/h). Sample: Request Associate attorney Jane Doe effective 01/01/2019 for $5,000 (50h @ $100/h).

Billing: In-House Associate It is easier to pay in-house associates under eVoucher 5.2. Once funds are authorized, the panel office will add the in-house associate to the lead attorney’s appointment. The lead attorney can then create a separate CJA 20 for the associate and bill it under the lead attorney’s profile. The lead attorney should review and submit the associate’s CJA20 voucher. Please see the attached for the walkthrough from the national folks. Billing: Contract (External) Associate Once funds are authorized, the panel office will create a separate eVoucher appointment for the contract associate. The contract associate will need to create and bill on a separate CJA20, under their own eVoucher profile. There is a different process for the lead attorney to review and approve the voucher. Prior to submitting the CJA20 voucher to court, the contract associate should save a copy of the voucher and email a PDF to the lead attorney for review. To save a PDF of the voucher, click the Form CJA20 Report. Once the lead attorney reviews and approves the voucher, the associate should include the following in the Public/Attorney notes section of the Confirmation page:

Lead attorney (name) reviewed this voucher and approved this voucher on (date). Sample: Lead attorney Jane Doe reviewed this voucher and approved on 01/01/2019.

Notes: Associates do not need to complete a separate CJA 20 worksheet. Reasonable time spent by the lead attorney reviewing associate vouchers is compensable. A Legal Analyst/Consultant expert is different from an associate in that they are specialized in a specific field of law such as immigration. Continue to use an Auth and CJA21 for Legal Analyst/Consultants. Associate: Existing Appointments If you currently have an associate attorney helping you, make sure:

1. Your associate (whether in house or contact) submits any outstanding CJA20 vouchers ASAP, and no later than 01/14/2019 (we have a technical fix to make if more needs to be billed).

2. If your associate’s services will continue, please email [email protected] because we’ll need to create a separate appointment in eVoucher to shift remaining authorized funds to the right place.

17 of 23


District of Oregon November 2017 1

Increasing Service Provider Authorizations

eVoucher 5.1

Requesting Additional Funds on a CJA case

Starting November 6th, 2017, there is a new method to request additional funds for a service provider who has already been authorized. After clicking on Create Auth on the appointment page, click Request Additional Funds.

A list of all closed authorizations appears for this representation and appointment. Select the authorization that needs to be increased by clicking on it.

The Service Type and Notes from the Master Authorization are imported when you click on it. Enter in the additional amount requested in the Estimated Amount field and include the math such as 50hrs @ $75/hr in the Basis of Estimate box. Click Create Authorization and complete as normal by including the declaration as a document and submitting.

Step 1

Step 2

18 of 23

District of Oregon November 2017 2

Increasing Service Provider Authorizations

eVoucher 5.1

The Total Approved Amount will only update once any additional Auths are completely processed. This includes where it shows up on Auths, CJA21s, and CJA31s. Be sure to communicate with your service providers about funding levels.

19 of 23

eVoucher Quick Tips: 1. Save as often as you can 2. Your responsibility to your experts

a. Sharing approved authorization PDF with experts to be on same page for funding levels

b. Creating CJA21 with or without an authorization c. Reviewing and Approving the CJA21/CJA24 in a timely fashion

3. Your billing on a CJA20 a. Required documents

i. Voucher Worksheet is required for all attorney vouchers ii. Declaration is required if you are cumulatively above the threshold

b. Travel time and meeting time should be separated out c. In Court time should be separated from out of court time

4. eVoucher time that is compensable a. time spent on authorization request for an expert b. a reasonable amount of time spent reviewing an experts submitted voucher

5. eVoucher time that is not compensable a. filling out a CJA21 or CJ20 b. writing a declaration in excess for your own voucher c. filling out the CJA20 voucher worksheet

6. Password or login trouble a. A user is locked out after 6 unsuccessful attempts b. Reset an expired password by clicking on forgot your login/reset your

password, then follow link through email 7. eVoucher most common errors

a. “Claim Status” tab date range errors. This must be updated to include your complete range of services and expenses before being able to submit the voucher. You need to enable pop ups to be able to see error message.

b. Forgetting to attach the worksheet/declaration c. Experts billing over authorized totals d. Overlapping dates with prior vouchers

20 of 23

From: zzORml_eVoucher_SupportTo: Brad DobrinskiSubject: CJA - Logon Recover by Brad DobrinskiDate: June 03, 2019 15:23:40

Dear Brad Dobrinski,

On 6/3/2019 3:23:29 PM we received a request to reset your Oregon eVoucherpassword. In order to continue the reset process, please click the link below and youwill be taken to the proper page.

The above link is only valid for 15 minutes and can only be accessed one time. Ifnecessary, return to the login page and click "Forgot your login" to repeat theprocess.

Passwords are case sensitive and must be between eight and twenty characters inlength and contain, one lower-case character, one upper-case character, onenumber, and one special character.

A user is locked out after six unsuccessful attempts to log in and only an admin canunlock your profile. Contact the Federal Public Defender CJA Team [email protected] or call the FPD main line at (503) 326-2123 andask for eVoucher help to unlock your profile.

Regards, The U.S. District Court for the District of Oregon

The information in this e-mail and in any attachment may contain information which is privileged. It is intended only for the attention and use of the namedrecipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. Ifyou received this e-mail in error, please notify the sender and delete this message. Thank you.

21 of 23

mailto:/O=FDO/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=A5CAACF8E29C980B0068861485257D43



Substitution of CJA Counsel (Confidential: to be maintained in FPD Panel office)

Page 1 of 2

CJA Attorneys who seek to withdraw from a case and be replaced by CJA-funded counsel should complete the Substitution of Counsel form that follows and email it to the CJA Panel Office at [email protected]. The purpose of the form is to gather non-privileged information about the reason for the motion to withdraw. In addition, information on the form helps us to ensure that any CJA-funded work product is transferred to successor counsel, if the client consents and if the court allows the motion to withdraw. After receiving the substitution request, the Panel Office will identify appropriate successor counsel and provide the requesting attorney with a one-page Notice Concerning Request for Substitution of CJA Counsel. This form, signed by the Federal Defender, should be included as an attachment to the attorney's ex parte declaration in support of the motion to withdraw that will be filed with the district court. The Notice includes the name of the successor counsel for the Court to appoint. Motions filed without the attached ex parte Notice from the FPD are likely to be denied.

22 of 23


Substitution of CJA Counsel (Confidential: to be maintained in FPD Panel office)

Page 2 of 2

Date: Attorney with conflict: Defendant name: Charge(s): Case #: AUSA: Client location: REG #:

SWIS #: Interpreter needed?: Next Appearance: Purpose:

Reason for Request to Withdraw (see O.R.P.C. 1.16):

1. Continued representation would violate the Rules of Professional Conduct or other law because: 2. Counsel's physical or mental condition impairs representation for these reasons: 3. The client has asked, or effectively asked, the attorney to withdraw: 4. Good cause under O.R.P.C 1.16(b) exists as follows:

What work product can be given to next counsel?

1. Discovery digest/matrix? What: 2. Investigation reports? What: 3. Mitigation materials? What: 4. Legal analysis? What: 5. Other:

Additional Information for successor counsel: Approximate hours spent on the case:

23 of 23

RELATING TO SENTENCING: HOW TO AVOID MISTAKES THAT RESULT IN OVER-SERVING TIME, OR SERVING TIME IN A HARDER PLACE, OR HAVING RESTRICTIONS NOT ORDERED BY COURT

[a subset of "nuts and bolts" for new CJA attorneys]

1. Keep an eye out early for small things that will become problems later on

Pretrial services report will identify outstanding warrants; clear them early. Especially the state of Washington.

Pretrial services report will allow you to calculate client's criminal history category -- see the rules re points; plan early if there's anything you can do to ameliorate*

[we will come back to this ifthe audience would like quick primer on pointspotting; there is a summary in the materials]

In whose custody is the prisoner at the beginning? When will other custody end? Watch that because of its effect on computation of time, and where sentence will be served?

Check that the arrest warrant returned is accurate as to date if client was picked up from another agency's custody

2. Create a Presentence Report that is free of errors

Read it. Pay particular attention to face sheet on "release status." Correct any errors for final. Amend after sentencing if Judge makes a change

Look for any outstanding warrants listed in PSR. Clear them if possible. Open warrants will prevent clients from pre-release programming even if chippy and non-extraditable.

Scrub for gratuitous info. that can hurt- gang activity as youth that has no bearing on case, for example. If Probation won't delete, as for striking by judge and amendedPSR

Read proposed special conditions. Standard ones have already been adopted, but if you see a problem, raise it.

3. At sentencing

Does designation outside our region matter? Include for the judge a specific recommendation written so plainly that the CRD can lift the wording and put it in judgment

EG:

1. That Mr. XX be designated to FCI Englewood, Colorado, if his security classification permits, because: that institution is within reach of a major airport (Denver), to facilitate visits with family; that institution offers GED and vocational training and the RDAP program;

2. That Mr. XX be permitted to use the prison email system for emailing his family members, to maintain family ties that otherwise will be difficult to maintain at a great distance and because the Court is satisfied that his access to email from prison will not present a danger to the community;

3. That Mr. XX be afforded participation in the RDAP program if found eligible, because the U.S. Probation Office has recommended substance abuse treatment and Mr.

is amenable to treatment;

4. That Mr. XX be afforded the maximum amount of time in community corrections of other rehabilitative opportunities within the prison and during the prerelease component of his sentence.

OR:

"This Court, having considered the evaluation reports and Presentence Report, recommends that Defendant participate in the Residential Drug and Alcohol Program to address his history of alcohol abuse and for his successful rehabilitation. This Court recommends that Defendant be designated to FCI Sandstone, Minnesota, because Defendant has ties to the Hennepin County, Minnesota, area and graduated from high school there, and because that institution currently offers the RDAP program. This Court further recommends that Defendant be considered for any and all available time in community corrections toward the end of his term of imprisonment."

Did you win fight against enhancements? If so, be sure amended PSR is ordered [get rid of leadership role, etc]

Ask judge to suspend drug testing if no drug abuse involved

If misdemeanor, suspend DNA

4. After sentencing [or after any release/final hearing]

STUFF YOU SHOULDN'T HA VE TO DO

Is quick processing important? Follow the order .... From CRD it must go to clerk's office. Clerk's office must give USM original and two signed copies of certain important transport orders.

Read the judgment carefully. Check for mistakes. I have not had one that is mistake-free in months.

EGs

Criminal History

General: Because it's the sentence and not the conviction that counts (except see ***, belo ), you must always cowit all time imposed, including on a p.v. or suspended in determining whether the conviction is a 1-, 2-, or 3-pointer. Whether someone will be treated as a "career offender1

' is determined by these point-calculation rules. (Unlike ACC, for which you ba e to have been convicted before the current offense.) No more than 4 !-pointers will count against the person. (Some chippy crimes don't count; some chippy crimes count if you got a sentence of at least 30 days or probation for l year).Probation will concede that uncounseled convictions where there's no waiver of atty will not be assigned points.

"'I and 2-pointers count against you for 10 years from sentence date to offense date. 3-pointers count against you for 15, if you spent any time in custody on that 3-point offense during the 15-year period before the current offense.

*Beware 11court probation" on things like DUI, etc. If the offense of conviction was committed while the person was on any sort of court supervision (except just for fines, etc.), 2 points will be added to the crim. history.

"'For young clients, beware: Juvenile adjudications count if sentence imposed within 5 years.

*If the person got out of jail on a 3-pointer sentence within 2 years of the current offense, 2 points are added, unless also on probation/parole (abo e), when only 1 point is added.

*Consolidated cases do not count if there was no intervening arrest in between the offenses for which the sentence was received. But, if there was an offense, then an arrest and release then another offense, the two offenses will be counted separately, even if the two were consolidated for every other reason. (I've gotten a little bit of play when a client's intervening arrest was just a "citation," arguing that although that was an "arrest" under state law, it didn't count for Guidelines purposes because it didn't "interrupt" the crim. spree the way getting handcuffed, etc., does).

*Additional gotcha on consolidated cases though: if the consolidation was for more than one crime of violence, they'll add 1 point for each additional offense (up to 3), e en if they can't be counted separately for these pwposes.

*Beware diversion: if the person pleaded guilty before the program, then the charges were succ ssfully dismissed later (as currently happens in Multco's STOP program), that sentence will be assigned one point.

***The one I really hate: prior convictions COWlt even if you haven t been sentenced yet

Case 3:14-cr-00421-HZ Document 76 Filed 01/03/19 Page 1of1

e ORl ~NAL AO 442 (Rev. 10/17 PDX) Arrest Warrant

UNITED STATES DISTRICT COURT

United States of.America v.

Ellery James Leclaire Defendant

for the

DISTRICT OF <fit003 JAH '19 09:54USDC·ORP

) ) ) ) ) )

Case No. 3:14CR00421-1 HZ

ARREST WARRANT

-r:o: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) _E_ll_ery~J_a_m_e_s _L_e_c_la_i_re _______________________ _ who is accused of an offense or violation based on the following document filed with the court:

D Indicfment D Superseding Indictment D Information D Superseding Information D Complaint

D Probation Violation Petition ~ Supervised Release Violation Petition D. Violation Notice D Order of the Court

This offense is briefly described as follows: See attached "Petition for Warrant"

Date: __ l2_/_1_0/_20~1_8 __ s/T. Jackson Issuing officer's signature

Printed name and title City and State: --=P~o"""'rt=Ia=n=d='-'O"-'R"-"---- T. J ackson, Depu ty Clerk

Return

This warrant was received on (date) ---+-=---·~-TT"''l'I and the person was arrested on (date) . '": ........ ':~--~· ........ ~· ..

Printed name and tille

..... C •. )

~di ~· r;"-..l .:.!'.

·~· l.JJ IS1 1;:r1

...... ·-' 0:• -.::z:: ::r:: .. ; .... ,_.-, 1:.::: <C ~

(_)

t··'i l.W

:=:; a::;;,

Case 3:18-cr-00437-BR Document 24 Filed 04/15/19 Page 1of6

A0245B Judgnient in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheet 1

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

UNITED STATES OF AMERICA

Plaintiff,

v.

JOHN JASON BURGESS

Defendant.

THE DEFENDANT:

12Slpleaded guilty to count(s) 2 of the Indictment.

The defendant is adjudicated guilty of the following offense(s):

JUDGMENT IN A CRIMINAL CASE

Case No.: 3:18-CR-00437-BR-l

USM Number: 81069-065

Francesca Freccero, Defendant's Attorney

Ryan W. Bounds, Assistant U.S. Attorney

Title, Section & Nature of Offense Date Offense Concluded

On or about January 2016

Count Number

29:439(c) - Concealment or Destruction of Labor Union Financial Records

2

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

DThe defendant has been found not guilty on count(s) and is discharged as to such count(s).

~Count(s) l is dismissed on the motion of the United States.

1211lhe defendant shall pay a special assessment in the amount of$25.00 for Count(s) 2 payable to the Clerk of the U.S. District Court. (See also the Criminal Monetary Penalties Sheet.)

JT TS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this jud~ment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attomey of any material change in the defendant's economic circumstances.

April 10, 2019

Date oflmposition of S~J

Sig~w Anna J. Brown, U.S. Senior District Judge Name a!)'Yfitle of Judicial Officer

April J'S, 2019 Date

Case 3:18-cr-00437-BR Document 24 Filed 04/15/19 Page 2 of 6

AO 24SB Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheet 4 • Probation

DEFENDANT: JOHN JASON BURGESS CASE NUMBER: 3:18-CR·00437-BR-I

PROBATION

The defendant is hereby sentenced to probation for a term of S years.

MANDATORY CONDITIONS

1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance.

Judgmcnt·Pngc 2 of 6

3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisomnent and at least two periodic drug tests thereafter, as determined by the court.

~The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance abuse. (check If appflcable)

4. l.8l You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)

S. l.8l You must cooperate in the collection of DNA as directed by th~ probation officer. (check ifapplicablo)

6. 0 You must comply with the requirements of the Sex O ffen der Registration and Notification Act (34 U.S.C. § 20901, et seq.) as directed by the probation officer, f11e Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted ofa qualifying offense. (check If applicable)

7. D You must participate in an approved program for domestic violence. (check if applicable)

8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013. 9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.

10. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments.

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page.


AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheet 4A - Probation

DEFENDANT: JOHN JASON BURGESS CASE NUMBER: 3:18-CR-00437-BR-I

STANDARD CONDITIONS OF SUPERVISION

Judgment-Page 3 of 6

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judiciaJ district where you are autho.rized to reside within 72 hours of the time you were senteoced, unless the probatioo officer instructs you to report to a different probation office or within a different time frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation of(icer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting pennission from the court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer. 5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your

living an-angements (such as the people you live with), you must notify the probation officer at least I 0 days before the change. If notifying 'the probation ofiicer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aw11re of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in pluin view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must tty to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least I 0 days before the change. 1f nolifyi.ng the probation of'ficer at least I 0 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.

8. You must not conununicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 10. You must not owu, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything

that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without fu·st getting tbe pe11n ission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confum that you have notified the person about the risk.

J 3. You must foUow tJ1e instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the condjtions specified by th.e coW1 and has provided me witJ1 a written copy of this judgment containing these conditions. For further information regardfog these condit_jons, see Overview of Probalion and Supervised Release Conditions, available at: www.uscou11s.gov.

Defendant's Signature-------------- - ----- Date __________ _


AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheet 110 • .Prob111ion

DEFENDANT: JOHN JASON BURGESS CASE NUMBER: 3:18-CR-00437-BR·l

SPECIAL CONDITIONS OF SUPERVISION

Judgment-Pugc 4 of6

1. If the judgment imposes a financial penalty, including any fine or restitution, you must pay the financial penalty in accordance with the Schedule of Payments sheet of this judgment. You must also notify the court of any changes in economic circumstances that might affect your ability to pay this financial penalty.

2. You must provide the probation officer with access to any requested financial information and authorize the release of any financial information. The probation office may share financial information with the U.S. Attorney's Office.

3. You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.

4. You must not make application for any loan, or enter into any residential or business lease agreement, without the prior approval of the probation officer.

5. You must maintain a single checking account and/or savings account in your own name. You must deposit into this account all income, monetary gains or other pecuniary proceeds, and make use of this account for payment of all personal expenses. You must disclose all other accounts to the probation officer.

6. You must not engage in an occupation, business, profession, or volunteer activity that would require or enable you to access financial accounts without the prior approval of the probation officer.

7. You must not work in any type of employment without the prior approval of the probation officer.

8. You must not engage in any form of gambling (including, but not limited to, lotteries, on-line wagering, sports betting) and you must not enter any casino or other establishment where gambling is the primary purpose (e.g., horse race tracks, off-track betting establishments).

9. You must not initiate communication, or otherwise initiate interaction, with Pacific Stainless Products Employee Association Local 304 , either directly or through someone else, without first obtaining the permission of the probation officer. If contacted, you must notify the probation officer.

10. You must submit your person, property, house, residence, vehicle, papers, or office to a search conducted by a United States probation officer. Failure to submit to a search may be grounds for revocation of release. You must warn any other occupants that the premises may be subject to searches pursuant to this condition. The probation officer may conduct a senrch under this condition only when reasonable suspicion exists that you have violated a condition of supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner.

11. You must complete 50 hours of community service at the direction of the probation officer.


AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheet 5 - Criminal Monetary Penalties

DEFENDANT: JOHN JASON BURGESS CASE NUMBER: 3: 18-CR-00437-BR-l

CRIMINAL MONETARY PENALTIES


The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth in this judgment.

Assessment Restitution TOTAL (as noted on Sheet 1)

TOTALS $25.00 $10,621.32 $10,646.32

DThe detennination ofrestitution is deferred until ________ . An Amended Judgment in a Criminal Case will be entered after such determination.

~The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid in full prior to the United States receiving payment.

Name of Payee

Pacific Stainless Products

Employee Association Local 304 Attn: Anthony Jordan, Treasurer P.O. Box 1601 St. Helens, OR 97051 TOTALS

Amount of Restitution Ordered

$10,621.32

$10,621.32

0 If applicable, restitution amount ordered pursuant to plea agreement: $0.00.

DThe defendant must pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 36 l2(f). All of the payment options on the Schedule of Payments may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

OThe court determined that the defendant does not have the ability to pay interest and it is ordered that

DThe interest is waived for the D fine and/or D restitution.

DThe interest requirement for the D fine and/or D restitution is modified as follows:

Any payment shall be divided proportionately among the payees named unless otherwise specified.


AO 245B Judgment in a Criminal Case· DISTRICT OF OREGON CUSTOMIZED (Rev. 9/2017) Sheer 6 - Schedule of Poymenls

DEFENDANT: JOHN JASON BURGESS CASE NUMBER: 3:18-CR-00437-BR-l

SCHEDULE OF PAYMENTS


Having assessed the defendant's ability to pay, payment1 of the total criminal monetary penalties shall be as follows:

A. DLump sum payment of$ due immediately, balance due Onot later than , or 0 in accordance with 0 C, 0 D, or 0 E below; or

B. ~Payment to begin immediately (may be combined with 0 C, 0 D, or 0 E below); or C. Dlfthere is any unpaid balance at the time of defendant's release from custody, it shall be paid in monthly installments

of not less than$ , or not less than 10% of the defendant's monthly gross earnings, whichever is greater, until paid in full to commence immediately upon release from imprisonment.

D. D Any balance at the imposition of this sentence shall be paid in monthly installments of not less than$ , or not less than I 0% of the defendant's monthly gross earnings, whichever is greater, until paid in full to commence immediately.

E. 0 Special instructions regarding the payment of criminal monetary penalties:

Unless the Court has expressly ordered otherwise in the special instrnctions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties, including restitution, shall be due during the period of imprisonment as follows: ( 1) 50% of wages earned if the defendant is participating in a prison industries program; (2) $25 per quarter if the defendant is not working in a prison industries program .. If the defendant received substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, the defendant shall be required to apply 111e value of such resources to any restitution or fine still owed, pursuant to 18 USC§ 3664(n).

Nothing ordered herein shall affect the government's ability to collect up to the total amount of criminal monetary penalties imposed, pursuant to any existing collection authority.

All criminal monetary penalties, including restitution, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the Clerk of Court at the address below, unless otherwise directed by the Court, the Probation Officer, or the United States Attorney.

Clerk of Court U.S. District Court- Oregon 1000 S.W. 3rd Ave., Ste. 740 Portland, OR 97204

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

D Joint and Several

Case Number Defendant and Co-Defendant Names (including Defendant number) Total Amount

DThe defendant shall pay the cost of prosecution.

. Joint and Several Amount

DThe defendant shall forfeit the defendant's interest in the following property to the United States:

Corresponding Payee, if appropriate

1 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.

Case 3:18-cr-00113-MO Document 36 Filed 05/17/19 Page 5 of 6

AO 2458 Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 912017) Sheet 5 - Criminal Monclary Penalties

DEFENDANT: BUD O'NEAL BURKLEO CASENUMBER: 3:18-CR-00113-M0-1

CRIMINAL MONETARY PENALTIES


The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth in this judgment.

Assessment Restitution TOTAL (as noted on Sheet 1)

TOTALS $500.00 $0.00 $301,338.22 $301,838.22

181The further detennination ofrestitution will be heard at a Restitution Hearing on 811212019 at JO:OOAM. An Amended Judgment in a Criminal Case will be entered after such determination.

181The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment unless specified otherwise in the priority order or percentage payment column below. However, purs uant to 18 U.S.C. § 3664(i), all non-federal victims must be paid in full prior to the United States receiving payment.

Name of Payee

United States Coast Guard $ USSG ART/Others RE: Coast Guard CSE-2016-09-000966 P. 0. Box 979119 St. Louis, MO 93197-9000

Nehalem Bay Fire and Rescue $ 36375 Highway IOI N Nehalem, Oregon 9713 I

Total Amount of Loss 1

TOTALS $ 0.00

Dlf applicable, restitution amount ordered pursuant to plea agreement: $

Amount of Restitution Ordered

$301 ,119.00

$219.22

$301,338.22

--- -

Priority Order or Percentage of Payment

DThe defendant must pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612{t). All of the payment options on the Schedule of Payments may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612{g).

CB:!The court determined that the defendant does not have the ability to pay interest and it is ordered that

~The interest is waived for the 0 fine and/or~ restitution.

DThe interest requirement for the D fine and/or 0 restitution is modified as follows:

Any payment shall be divided proportionately among the payees named unless otherwise specified.

1 Findings for the total amount of!osses are required under Chapters I 09A, 110, 11 OA, and l l 3A of Title 18, United States Code, for offenses committed on or after September 13, 1994, but before April 23, 1996.

Case 3:18-cr-00113-MO Document 36 Filed 05/17/19 Page 6 of 6

AO 2458 Judgment in a Criminal Case· DISTRICT OF OREGON CUSTOMIZED (Rev. 912017) Sheet 6- Schedule of Payments

DEFENDANT: BUD O'NEAL BURKLEO CASE NUMBER: 3:18-CR-OOl 13-MO-l

SCHEDULE OF PAYMENTS

Judgment-Page 6 of6

Having assessed the defendant's ability to pay, payment2 of the total criminal monetary penalties shall be as follows:

A. DLump sum payment of$ ____ due immediately, balance due D not later than or

---~

Din accordance with D C, D D, or D E below; or B. 181Payment to begin immediately (may be combined with D C, 1:81 D, or D E below); or C. Dlfthere is any unpaid balance at the time of defendant's release from custody, it shall be paid in monthly installments

of not less than$ or not less than 10% of the defendant's monthly gross earnings, whichever is greater, until paid in full to commence immediately upon release from imprisonment.

D. 181 Any balance at the imposition of this sentence shall be paid in monthly installments ofnot less than $50.00, or not less than 10% of the defendant's monthly gross earnings, whichever is greater, until paid in full to commence immediately.

E. D Special instructions regarding the payment of criminal monetary penalties:

Unless the Court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties, including restitution, shall be due during the period of imprisonment as follows: (l) 50% of wages earned if the defendant is participating in a prison industries program; (2) $25 per quarter if the defendant is not working in a prison industries program .. If the defendant received substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, the defendant shall be required to apply the value of such resources to any restitution or fine still owed, pursuant to 18 use § 3 664(n).

Nothing ordered herein shall affect the government's ability to collect up to the total amount of criminal monetary penalties imposed, pursuant to any existing collection authority.

All criminal monetary penalties, including restitution, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the Clerk of Court at the address below, unless otherwise directed by the Court, the Probation Officer, or the United States Attorney.

Clerk or Court U.S. District Court - Oregon 1000 S.W. 3rd Ave., Ste. 740 Portland, OR 97204

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

D Joint and Several

Case Number Defendant and Co-Defendant Names (including Defendant number) Total Amount

Dlbe defendant shall pay the cost of prosecution.

DThe defendant shall pay the following court costs:

Joint and Several Amount

DThe defendant shall forfeit the defendant's interest in the following property to the United States:

Corresp9nding Payee, if appropriate

2 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.