Opinion
Case Number: 20-13196
12-29-2020
RICARDO BLACKSHIRE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
OPINION AND ORDER DENYING PETITIONER'S MOTION AND DISMISSING CASE
This matter is before the Court on state prisoner Ricardo Blackshire's "Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (Compassionate Release)." (ECF No. 1.) Blackshire is in the custody of the Michigan Department of Corrections, serving state sentences of 18 to 35 years for conspiracy to commit armed robbery, Mich. Comp. Laws §§ 750.157a, 750.529, and 2 years for possession of a firearm during the commission of a felony, Mich. Comp. Laws § 769.10. Blackshire seeks release under a federal statute titled 18 U.S.C. § 3582 because he claims he is at risk of severe illness or death should he contract Covid-19.
Section 3582(c) is a federal criminal statute. It allows a federal sentencing court to reduce a federal defendant's sentence based on "extraordinary and compelling" reasons. See 18 U.S.C. § 3582(c)(1)(A)(i). Because Blackshire is a state prisoner sentenced under state law, he may not obtain a reduction in his sentence or release under § 3582(c)(1)(A)(i).
Accordingly, the Court DENIES Blackshire's "Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (Compassionate Release)" (ECF No. 1) and the case is DISMISSED.
SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: December 29, 2020