U.S. v. Lindsay, 0:14-cr-289(5) (SRN/BRT). (2018)
Court: District Court, D. Minnesota
Number: infdco20181101b68
Visitors: 22
Filed: Oct. 30, 2018
Latest Update: Oct. 30, 2018
Summary: ORDER DENYING PLAINTIFF'S MOTIONFORCOMPASSIONATE RELEASE/REDUCTION IN SENTENCE UNDER 18 U.S.C. 3582 SUSAN RICHARD NELSON , District Judge . Defendant, Aundray Lindsay, moves for compassionate release and for a reduction in sentence under 18 U.S.C. 3582 [Doc. No. 597]. In response, the Government moves to dismiss Lindsay's motion for lack of jurisdiction [Doc. No. 604]. For the reasons set forth below, this Court denies Lindsay's motion and grants the Government's motion to dismiss. A f
Summary: ORDER DENYING PLAINTIFF'S MOTIONFORCOMPASSIONATE RELEASE/REDUCTION IN SENTENCE UNDER 18 U.S.C. 3582 SUSAN RICHARD NELSON , District Judge . Defendant, Aundray Lindsay, moves for compassionate release and for a reduction in sentence under 18 U.S.C. 3582 [Doc. No. 597]. In response, the Government moves to dismiss Lindsay's motion for lack of jurisdiction [Doc. No. 604]. For the reasons set forth below, this Court denies Lindsay's motion and grants the Government's motion to dismiss. A fe..
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ORDER DENYING PLAINTIFF'S MOTIONFORCOMPASSIONATE RELEASE/REDUCTION IN SENTENCE UNDER 18 U.S.C. § 3582
SUSAN RICHARD NELSON, District Judge.
Defendant, Aundray Lindsay, moves for compassionate release and for a reduction in sentence under 18 U.S.C. § 3582 [Doc. No. 597]. In response, the Government moves to dismiss Lindsay's motion for lack of jurisdiction [Doc. No. 604]. For the reasons set forth below, this Court denies Lindsay's motion and grants the Government's motion to dismiss.
A federal court may only grant a compassionate relief modification to a previously imposed sentence if all of the elements of18 U.S.C. § 3582(c)(1)(A)(i) are met. United States v. Biwer, No. 05-CR-319(JMR), 2008 WL 170006, at *1 (D. Minn. Jan. 16, 2008). According to 18 U.S.C. § 3582(c)(1)(A)(i), a court may only modify a sentence if the Director of the Bureau of Prisons has made a motion requesting the court to do so. United States v. Ayala, 351 F. App'x 147, 149 (8th Cir. 2009). Here, the Director of the Bureau of Prisons has not made such a request on behalf of Lindsay. Further, a court may not review the Bureau of Prisons' decision not to file such a motion. Gutierrez v. Anderson, No. CIV.06-1714(JRT/JSM), 2006 WL 3086892, at *4 (D. Minn. Oct. 30, 2006). Accordingly, IT IS HEREBY ORDERED that:
1. Defendant Lindsay's Motion for Compassionate Release/Reduction in Sentence Under 18 U.S.C. § 3582 [Doc. No. 597] is DENIED;
2. Plaintiff Government's Motion to Dismiss Defendant's Motion [Doc. No. 604] is GRANTED.
Source: Leagle
