From Casetext: Smarter Legal Research

Blackshire v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 29, 2020
Case Number: 20-13196 (E.D. Mich. Dec. 29, 2020)

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


Summaries of

Blackshire v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 29, 2020
Case Number: 20-13196 (E.D. Mich. Dec. 29, 2020)
Case details for

Blackshire v. United States

Case Details

Full title:RICARDO BLACKSHIRE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Dec 29, 2020

Citations

Case Number: 20-13196 (E.D. Mich. Dec. 29, 2020)