Opinion
Case No. 1:20-cv-97
05-07-2020
DONTE CAMP, Petitioner v. WARDEN TRATE, Respondent
SUSAN PARADISE BAXTER UNITED STATES DISTRICT JUDGE REPORT AND RECOMMENDATION MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
I. Recommendation
It is hereby recommended that the Petition for Compassionate Release Pursuant to Title 28 U.S.C. § 2241 filed by Petitioner Donte Camp be denied, without prejudice, and this action closed.
II. Report
Donte Camp is a federal prisoner who is serving a term of imprisonment imposed by the U.S. District Court for the Eastern District of Pennsylvania in United States v. Camp, Criminal Case No. 2:14-cr-00148-MSG-1 (E.D. Pa.). He is in the custody of the Bureau of Prisons (BOP) and is housed at the Federal Correctional Institution at McKean (FCI-McKean), which is located within the territorial boundaries of this Court.
On May 4, 2020, Camp filed a Petition for Compassionate Release pursuant to 28 U.S.C. § 2241. ECF No. 1. Camp appears to be seeking compassionate release pursuant to 18 U.S.C § 3582(c)(1)(A), as amended by the First Step Act ("FSA") of 2018, PL 115-391, 132 Stat 5194 (Dec. 21, 2018). Pursuant to that subsection, a prisoner may seek a reduction of the term of his sentence from "the Court" for "extraordinary and compelling reasons." 18 U.S.C. § 3582(c)(1)(A)(i).
Camp did not pay the filing fee or seek leave to proceed in forma pauperis.
Camp does not appear to be alternatively seeking relief pursuant to the CARES Act § 12003(b), Pub. L. No. 116-136, 134 Stat. 281.
Prior to the FSA, a motion for compassionate release could be brought only by the Director of the BOP, not the defendant. The FSA amended § 3582(c)(1)(A) to allow a defendant to seek compassionate release on his own behalf. Critically, however, such a motion must be filed with the sentencing court. See United States v. Raia, 954 F.3d 594, 596 (3d Cir. 2020) ("Section 3582's text requires those motions to be addressed to the sentencing court"). In other words, this Court cannot reduce Camp's sentence under § 3582(c)(1)(A); only the district court that imposed his sentence can do so. Therefore, to the extent that Camp is seeking a compassionate release sentence reduction under § 3582(c)(1)(A)(i), he must seek such relief by filing a motion in his criminal case in the United States District Court for the Eastern District of Pennsylvania in United States v. Camp, Criminal Case No. 2:14-cr-00148-MSG-1 (E.D. Pa.).
Camp must also have "fully exhausted all administrative rights to appeal a failure of the [BOP] to bring a motion on the defendant's behalf or allowed thirty days to lapse since the warden of the defendant's facility received the defendant's request to file a motion on his behalf, whichever is earlier. 18 U.S.C. § 3582(c)(1)(A).
III. Conclusion
For the foregoing reasons, it is respectfully recommended that Camp's § 2241 petition be denied, without prejudice to his right to seek the same relief by filing a motion with the sentencing court in his underlying criminal case. It is further recommended that this action be marked closed.
IV. Notice
In accordance with 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72, the parties may seek review by the district court by filing Objections to the Report and Recommendation within fourteen (14) days of the filing of this Report and Recommendation. Any party opposing the Objections shall have fourteen (14) days from the date of service of the Objections to respond thereto. See Fed.R.Civ.P. 72(b)(2). Extensions of time will not be granted. Failure to file timely objections may constitute a waiver of appellate rights. See Brightwell v. Lehman, 637 F.3d 187, 193 n.7 (3d Cir. 2011); Nara v. Frank, 488 F.3d 187 (3d Cir. 2007).
Whether or not he elects to file Objections to this Report and Recommendation, Camp is free to file his request for compassionate release with the sentencing court immediately. --------
/s/_________
RICHARD A. LANZILLO
United States Magistrate Judge Dated: May 7, 2020