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United States v. Terrell

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Aug 21, 2020
CRIMINAL ACTION NO. 2:16-cr-00203 (S.D.W. Va. Aug. 21, 2020)

Opinion

CRIMINAL ACTION NO. 2:16-cr-00203

08-21-2020

UNITED STATES OF AMERICA, v. MICHAEL TERRELL


MEMORANDUM OPINION AND ORDER

Pending before the court is a pro se letter-form motion for compassionate release, [ECF No. 88], filed by Defendant Michael Terrell. In the motion, Mr. Terrell requests a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). For me to reduce or modify Mr. Terrell's sentence under compassionate release, I must find that he has exhausted his administrative remedies or waited 30 days from petitioning the Warden at the facility in which he is housed, has demonstrated "extraordinary and compelling reasons," is not a danger to the safety of others, and find that his release is consistent with § 3553(a) factors. See e.g., United States v. Howard, No. 4:15-CR-00018-BR, 2020 WL 2200855, at *2 (E.D.N.C. May 6, 2020); U.S.S.G. § 1B1.13 (2018). In this case, Mr. Terrell has not indicated that he has made any such required request to the Warden. Therefore, his motion, [ECF No. 88], is DENIED without prejudice. This ruling means that Mr. Terrell may petition the court again after making a request to the Warden and either exhausting his administrative remedies through the Bureau of Prison's appeal process or waiting 30 days from the Warden's receipt of his request, whichever is earlier. See 18 U.S.C. § 3582(c)(1)(A).

The court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel, the United States Attorney, the United States Probation Office, and the United States Marshal.

ENTER: August 21, 2020

/s/_________

JOSEPH R. GOODWIN

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Terrell

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Aug 21, 2020
CRIMINAL ACTION NO. 2:16-cr-00203 (S.D.W. Va. Aug. 21, 2020)
Case details for

United States v. Terrell

Case Details

Full title:UNITED STATES OF AMERICA, v. MICHAEL TERRELL

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Aug 21, 2020

Citations

CRIMINAL ACTION NO. 2:16-cr-00203 (S.D.W. Va. Aug. 21, 2020)