Opinion
2:09-cr-00325-KJM 2:14-cr-00268-KJM
08-28-2021
United States of America, Plaintiff, v. Niesha Nicole Jackson, Defendant.
ORDER
Defendant Niesha Nicole Jackson moves to reduce her sentence to time served under 18 U.S.C. § 3582(c)(1)(A). When an incarcerated defendant files a motion under that section, the court may not consider the motion unless “(a) the inmate has ‘fully exhausted all administrative rights to appeal a failure of the [Bureau of Prisons] to bring a motion on the [inmate]'s behalf,' or (b) 30 days have elapsed since the ‘warden of the [inmate]'s facility' received a compassionate-release request from the inmate.” United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021) (quoting 18 U.S.C. § 3582(c)(1)(A)). The United States claims Ms. Jackson has not exhausted her administrative remedies within the Bureau of Prisons, and Ms. Jackson has not submitted evidence that she has done so. See Opp'n at 7, ECF No. 184; Reply at 1-2, ECF No. 185. She concedes through her appointed counsel that she did not request relief from the Bureau of Prisons until after filing her motion. See Reply at 1.
The court may not address the merits of a motion for compassionate release if it was filed before the defendant exhausted administrative remedies. See Keller, 2 F.4th at 1282-83. The motion for compassionate release is denied without prejudice to renewal after Ms. Jackson exhausts her administrative remedies. Ms. Jackson's requests to file under seal are thus denied as moot
This order resolves:
. ECF Nos. 174, 181, and 183 in Case No. 09-cr-00325 and
. ECF Nos. 67, 74, and 75 in Case No. 24-cr-00268.
IT IS SO ORDERED.