Opinion
1:16-cr-00309
05-25-2022
UNITED STATES OF AMERICA, Plaintiff, v. KRISTOPHER L. COURTNEY, Defendant.
ORDER [RESOLVING DOC. 72]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE.
Defendant Courtney seeks a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(ii).Defendant Courtney argues that a nonretroactive sentencing law change created an extraordinary and compelling reason to reduce his sentence.
Doc. 68; Doc. 70.
Doc. 70 at 3-5.
Defendant Courtney's argument relies on a recently-vacated Sixth Circuit panel decision, United States v. McCall, 20 F.4th 1108 (6th Cir. 2021). In April, the Sixth Circuit vacated that decision and set the case for rehearing en banc. The Sixth Circuit will hear oral argument en banc on June 8, 2022.
United States v. McCall, 29 F.4th 816 (Mem) (6th Cir. 2022).
Sixth Circuit Oral Argument Calendar, https://www.ca6.uscourts.gov/sites/ca6/files/documents/oral argument calendars/06062022 arg.pdf (last visited May 24, 2022).
Now, the government moves to hold Defendant Courtney's motion in abeyance until after the Sixth Circuit issues a decision in the McCall case. The government argues that the Sixth Circuit ruling will clarify conflicting panel decisions about the effect of nonretroactive sentencing law changes on compassionate release motions.
Doc. 72.
The Court GRANTS the government's motion to hold Defendant Courtney's compassionate release motion in abeyance until after the Sixth Circuit issues the en banc decision in United States v. McCall.
United States v. McCall, No. 21-3400 (6th Cir.).
IT IS SO ORDERED.