Opinion
13-74-BLG-DWM
10-25-2021
UNITED STATES OF AMERICA, Plaintiff, v. MONTE CATO LITTLE COYOTE, JR., Defendant.
ORDER
DONALD W. MOLLOY, UNITED STATES DISTRICT COURT
Defendant Little Coyote moves the Court to reduce the sentence under 18 U.S.C. § 3582(c)(1)(A). His currently projected release date is July 16, 2023. See Inmate Locator, http://www.bop.gov/inmateloc (accessed Oct. 22, 2021).
The controlling statute authorizes sentencing courts to “reduce the term of imprisonment” on a motion filed by either the defendant or his warden. A defendant is not permitted to file a motion in the sentencing court unless at least 30 days have passed since the defendant asked the warden to file a motion for him. See 18 U.S.C. § 3582(c)(1)(A).
Little Coyote states that he made a request to the warden on October 3, 2021. See Mot. for Release (Doc. 48) at 3. He filed his motion in this Court on October 14, 2021. See Id. at 6. The Court can only conclude that Little Coyote failed to comply with the statute.
Accordingly, IT IS ORDERED that Little Coyote's motion to reduce the sentence (Doc. 48) is DISMISSED for failure to exhaust administrative remedies.