Opinion
19-cr-20028
12-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT M. SMITH, Defendant.
ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION FOR MODIFICATION OF SENTENCE (ECF No. 63)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Defendant Robert Smith has filed a motion for modification of his sentence. (See Mot., ECF No. 63.) His motion does not identify the statute or rule under which he seeks relief. Like the Government (see ECF No. 66), the Court will construe the motion as one for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The Court DENIES the motion WITHOUT PREJUDICE because Smith has not shown that he exhausted, or attempted to exhaust, his administrative remedies. See United States v Alam, 960 F.3d 831, 832 (6th Cir. 2020). If Smith is seeking relief under some other statute or rule, he may re-file his request and clearly identify the statute or rule that, he claims, entitles him to the relief he seeks.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 14, 2022, by electronic means and/or ordinary mail.