Opinion
3:17-CR-293-MOC
05-26-2022
UNITED STATES OF AMERICA, v. TIMOTHY ANTHONY MOORE, Defendant.
ORDER
Max O. Cogburn Jr. United States District Judge
THIS MATTER comes before the Court on Defendant's pro se Motion for Compassionate Release. (Doc. No. 46).
By its terms, 18 U.S.C. § 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, 954 F.3d 594, 595 (3d Cir. 2020).
Here, Defendant has not shown that he exhausted available administrative remedies by first asking the Bureau to file a compassionate release request on his behalf. Because Defendant has failed to exhaust administrative remedies provided by the Bureau, the Court declines to exercise any discretion it may have to modify Defendant's term of imprisonment at this time. See, e.g., United States v. Vigna, No. 16-CR-786, 2020 WL 1900495, at *6 (S.D.N.Y. Apr. 17, 2020) (declining to address the exhaustion question and requiring a defendant to file a compassionate release request with the Bureau).
ORDER
IT IS, THEREFORE, ORDERED that Defendant's pro se Motion for Compassionate Release, (Doc. No. 46), is DENIED without prejudice. Defendant may refile his motion after exhausting available administrative remedies.