Opinion
CRIM. ACTION NO. 3:07-cr-0285-B-1
07-21-2020
UNITED STATES OF AMERICA, Plaintiff, v. FREDDY LEE FOOTS, Defendant.
MEMORANDUM OPINION AND ORDER
Before the Court is Defendant Freddy Lee Foots's Motion for Reconsideration (Doc. 184). The motion is DENIED. Mr. Foots has appealed the Court's Order denying him compassionate release. See Doc. 179, Notice of Appeal. Therefore, this Court does not have jurisdiction to reconsider its Order. See United States v. Neuman, 2012 WL 2327929, at *3 (E.D. La. June 18, 2012) ("Generally, filing a notice of appeal divests the district court of jurisdiction over matters involved in the appeal, in both civil and criminal cases.") (citing United States v. Brooks., 145 F.3d 446, 455-56 (1st Cir. 1998)).
This ruling does not prevent Mr. Foots from filing another motion for compassionate release at a later date, should he terminate or lose his appeal.
SO ORDERED.
SIGNED: July 21, 2020.
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE