Opinion
3:18-cr-269-MOC
05-06-2022
UNITED STATES OF AMERICA, v. ROBERT FITZGERALD MOORE, Defendant.
ORDER
Max O. Cogburn, United States District Judge
THIS MATTER is before the Court on Defendant's pro se Motion for Compassionate Release/Reduction of Sentence. (Doc. No. 30).
Title 18, Section 3582(c)(1)(A)(i) authorizes criminal defendants to request compassionate release from imprisonment based on “extraordinary and compelling reasons.” But before doing so, they must at least ask the Bureau of Prisons to do so on their behalf and give the Bureau thirty days to respond. See United States v. Raia, No. 20-1033, 2020 WL 1647922, at *1 (3d Cir. Apr. 2, 2020). Here, as the Government asserts in its brief in opposition, Defendant did not exhaust his administrative remedies before filing the pending motion. Because Defendant has not exhausted available administrative remedies, the Court denies Defendant's motion.
ORDER
IT IS, THEREFORE, ORDERED that Defendant's pro se “Motion for Compassionate Release/Reduction of Sentence, ” (Doc. No. 30), is DENIED, without prejudice to Defendant to refile the motion after he has exhausted his administrative remedies with the BOP.