United States v. Meeks

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ISAAC DENEL MEEKS, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jun 22, 2020

Criminal Case No. 10-20388 (E.D. Mich. Jun. 22, 2020)

Opinion

Criminal Case No. 10-20388

06-22-2020

UNITED STATES OF AMERICA, Plaintiff, v. ISAAC DENEL MEEKS, Defendant.

Honorable Linda V. Parker

OPINION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S REQUEST FOR COMPASSIONATE RELEASE (ECF NO. 830) & DENYING MOTION FOR ORDER HOLDING IN ABEYANCE MOTION AND SCHEDULE (ECF NO. 842)

Presently before the Court is Defendant's letter seeking compassionate release pursuant to 18 U.S.C. § 3582(c). The statute requires administrative exhaustion before a defendant may come to federal court seeking relief. Id. § 3582(c)(1)(A). The defendant may file a motion only after "fully exhaust[ing] all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf" or "the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier." Id. This exhaustion requirement is mandatory. See United States v. Alam, -- F.3d --, 2020 WL 2845694, at *1, 3 (6th Cir. June 2, 2020).

Defendant's submission does not reflect that he has satisfied the statute's exhaustion requirement. The Government has timely objected to Defendant's failure to exhaust. The Court must therefore dismiss Defendant's request without prejudice. Defendant may return to Court, if necessary, after fully exhausting the BOP's administrative remedies or after the lapse of 30 days from the warden's receipt of his request. Any renewed motion must reflect that the administrative exhaustion requirements in § 3582(c)(1)(A) have been satisfied.

To the extent checked below, the Court finds that Defendant's current request also lacks sufficient information to decide the request:

X Detailed information concerning the "extraordinary and compelling reasons" that warrant relief (e.g., medical or mental condition or age).

X Support for the assertion that the extraordinary and compelling reason(s) places Defendant at heightened risk if remains incarcerated.

Any renewed motion must provide this information.

Accordingly,

IT IS ORDERED that Defendant's letter seeking compassionate release (ECF No. 830) is DENIED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that Defendant's Motion for Order Holding in Abeyance Motion and Schedule (ECF No. 842) is DENIED.

IT IS SO ORDERED.

s/ Linda V. Parker

LINDA V. PARKER

U.S. DISTRICT JUDGE Dated: June 22, 2020