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United States v. Phelps

United States District Court, E.D. Michigan, Southern Division
Jul 9, 2021
18-cr-20311 (E.D. Mich. Jul. 9, 2021)

Opinion

18-cr-20311

07-09-2021

UNITED STATES OF AMERICA Plaintiff, v. PAUL PHELPS Defendant.


ORDER DENYING DEFENDANT'S MOTION FOR COMPASSIONATE RELEASE WITHOUT PREJUDICE

Paul D. Borman United States District Judge

Defendant is presently serving a seven month sentence for violations of his supervised release. Defendant is presently incarcerated at FCI Milan.

Defendant has filed a Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c). (ECF No. 48.) The Government has filed a Response in Opposition (ECF No. 50), pointing out that Defendant has not fully exhausted his administrative rights within the Bureau of Prisons, nor has he requested the warden at FCI Milan to grant him compassionate release, and then waited for 30 days from the warden's receipt of his request, as required by 18 U.S.C. § 3582(c), before filing a motion for compassionate release in federal district court.

Accordingly, this Court denies Defendant's Motion for Compassionate Release, without prejudice, as required by the United States Court of Appeals for the Sixth Circuit in United States v. Alam, 960 F.3d 831 (6th Cir. 2020).

SO ORDERED.


Summaries of

United States v. Phelps

United States District Court, E.D. Michigan, Southern Division
Jul 9, 2021
18-cr-20311 (E.D. Mich. Jul. 9, 2021)
Case details for

United States v. Phelps

Case Details

Full title:UNITED STATES OF AMERICA Plaintiff, v. PAUL PHELPS Defendant.

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Jul 9, 2021

Citations

18-cr-20311 (E.D. Mich. Jul. 9, 2021)