Opinion
4:01-cr-212-DPM
04-03-2024
UNITED STATES OF AMERICA PLAINTIFF v. TREMAYNE SCOGGINS Reg. No. 22554-009 DEFENDANT
ORDER
D.P. Marshall Jr. United States District Judge
Scoggins has filed a motion for compassionate release, or a reduction of his sentence based on amendments to the Sentencing Guidelines. This case was reassigned to my docket because Judge Wright has gone onto inactive senior status.
First, compassionate release. Scoggins doesn't say in his motion that he exhausted his administrative remedies before filing this motion. 18 U.S.C. § 3582(c)(1). The exhaustion requirement is jurisdictional and can't be waived. Doc. 197 in United States v. Cox, Case No. 4:98-cr-73-DPM (E.D. Ark. 8 September 2020). The motion for compassionate release is therefore denied without prejudice for lack of jurisdiction.
Second, amendments to the Guidelines. When Scoggins was sentenced, he received two criminal history points because he was on probation when he committed his new crime. He would only receive one point under the amended Guidelines. This change, however, does not affect his sentencing range. Scoggins still has ten criminal history points, meaning he remains in criminal history category V.
For these reasons, the motion, Doc. 1241, is denied.
So Ordered.