Opinion
3:17-CR-00276-RJC-DSC
05-04-2022
ORDER
Robert J. Conrad, Jr. United States District Judge
THIS MATTER is before the Court upon motion of the defendant for compassionate release based on the COVID-19 pandemic under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, (Doc. No. 234).
Section 603(b) of the First Step Act amended § 3582(c)(1)(A), allowing a court to entertain a motion filed by a defendant: (1) after full exhaustion of all administrative rights to appeal a failure of the Bureau of Prisons (BOP) to bring a motion on the inmate's behalf; or (2) after the lapse of 30 days from the receipt of such a request by the warden of the facility, whichever is earlier. Here, the defendant was released from custody prior to the resolution of his motion. https://www.bop.gov/inmateloc.
IT IS, THEREFORE, ORDERED that the defendant's motion for compassionate release, (Doc. No. 234), is DISMISSED as moot.