United States v. Nicholson

Full title: UNITED STATES OF AMERICA, Plaintiff, v. OLLIE NICHOLSON, Defendant.

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

Date published: Jun 18, 2020

Criminal Case No. 17-20283 (E.D. Mich. Jun. 18, 2020)

Opinion

Criminal Case No. 17-20283

06-18-2020

UNITED STATES OF AMERICA, Plaintiff, v. OLLIE NICHOLSON, Defendant.

Honorable Linda V. Parker

OPINION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S REQUEST FOR COMPASSIONATE RELEASE

Presently before the Court is Defendant's motion 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 and indicates that the Bureau of Prisons has no record of a request from Defendant. 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 motion seeking compassionate release is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/ Linda V. Parker

LINDA V. PARKER

U.S. DISTRICT JUDGE Dated: June 18, 2020