Opinion
1:17-cr-00060-1
06-10-2024
UNITED STATES OF AMERICA, Plaintiff, v. LEVERT A. BATES, Defendant.
ORDER
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE
In February and March 2024, Defendant Levert Bates filed two post-conviction motions that he titled as a “Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(2)” and “Motion for Leave to Amend 18 U.S.C. § 3582(c)(2) Pursuant to Rule 40B and § 403 of the First Step Act,” respectively.
Docs. 163, 164.
Based on the motions' titles, Bates appears to be seeking a sentence reduction due to a retroactive sentencing amendment. However, the motions do not substantively raise any sentencing amendment arguments. Nor do the motions raise arguments under § 3582's general compassionate release provision. Rather, the motions challenge the validity of Bates' conviction and sentence.
Id.
Conviction- and sentence-validity arguments must be raised under 28 U.S.C. § 2255, not under the compassionate release statute. So, the Court recharacterizes Bates' two motions as § 2255 motions.
United States v. West, 70 F.4th 341, 347 (6th Cir. 2023) (collecting cases).
Recharacterizing Bates' motions as § 2255 motions limits Bates' ability to raise second or successive § 2255 motions in the future. Therefore, the Court gives Bates the opportunity “to withdraw the motion[s] or to amend [them] so that [they] contains all the § 2255 claims he believes he has.”
Castro v. United States, 540 U.S. 375, 383 (2003).
In sum, the Court recharacterizes Bates' motions as § 2255 motions. If Bates wishes to withdraw or amend those motions, he must do so by July 1, 2024. The government shall respond to Bates' motions, including any amendment, by July 22, 2024. If Bates wishes to submit a reply, he must do so by August 5, 2024.
IT IS SO ORDERED.