Petitioner made a motion for compassionate release under the First Step Act. The court denied this motion because the petitioner failed to exhaust administrative remedies: the petitioner did not request the warden to move for compassionate release and thus court did not have jurisdiction over the case. The court reached this conclusion despite the fact that the petitioner was pro se.
United States v. Orr, No. 16-CR-20009-JAR (D. Kan. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:16-cr-20009-JAR-JPO
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Leavenworth Detention Center
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Felon in possession of firearm
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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