Opinion
Case No. 3:19-cr-221
09-16-2020
United States of America, Plaintiff, v. Gregory Buckmon, Defendant.
ORDER
Defendant Gregory Buckmon seeks a reduction of his sentence to time served and an order releasing him from incarceration, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (Doc. No. 27; Doc. No. 28). Buckmon, however, currently is incarcerated at an Ohio Department of Rehabilitation and Correction facility, and not at a Federal Bureau of Prisons facility. (Doc. No. 28 at 1). Thus, he is under the primary custodial jurisdiction of the State of Ohio. See, e.g., Hill v. Holland, Civil Action No. 6:13-194, 2014 WL 709848, at *2-3 (E.D. Ky. Feb. 21, 2014) (citing Ponzi v. Fessenden, 258 U.S. 254, 262 (1922)). Section 3582 covers inmates seeking release from federal custody and therefore, it does not permit me to order Buckmon's release from state custody. See 18 U.S.C. § 3582(c)(1)(A)(i).
Moreover, Buckmon fails to establish he is entitled to habeas relief under 28 U.S.C. § 2241 or 28 U.S.C. § 2254. See Wilson v. Williams, 961 F.3d 829, 837-38 (6th Cir. 2020) ("The Supreme Court has held that release from confinement — the remedy petitioners seek here — is 'the heart of habeas corpus.'" (quoting Preiser v. Rodriguez, 411 U.S. 475, 498 (1973))).
Therefore, I conclude Buckmon fails to show he qualifies for relief under § 3582(c)(1)(A)(i) and I deny his motions to reduce his sentence. (Doc. No. 27 and Doc. No. 28).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge