Opinion
5:18-CR-51-D
01-06-2023
UNITED STATES OF AMERICA, v. FRANKLIN ANTONIO RIOS, Defendant.
ORDER
JAMES C. DEVER, III., UNITED STATES DISTRICT JUDGE.
On October 3,2022, Franklin Antonio Rios (“Rios” or “defendant') filed a renewed motion for compassionate release [D.E. 194]. On September 19,2022, however, Rios appealed this court's decision denying his motion for compassionate release [D.E. 190]. By appealing this court's order of September 2, 2022, Rios divested this court of jurisdiction. See, e.g., Griggs v. Provident Consumer Disc. Co., 459 U.S. 56,58 (1982) (per curiam); United States v. Sanders, No. 1:17-CR-29-HAB, 2020 WL 3268492, at * 1 (N.D. Ind. June 17,2020) (unpublished); United States v. Watts, No. CR16-104,2020 WL 3036545, at *2 (M.D. La. June 5,2020) (unpublished); United States v. Belton, No. 5:18-CR-113-FL-1, 2020 U.S. Dist. LEXIS 75837, at *2 (E.D. N.C. Apr. 29, 2020) (unpublished). Thus, the court DISMISSES WITHOUT PREJUDICE defendant's renewed motion for compassionate release [D.E. 194].
SO ORDERED.