USA v. REMBERT

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
V .
WILLIE REMBERT,
DEFENDANT
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CRIMINAL NO. 2:12- CR-66-DBH
PROCEDURAL ORDER ON DEFENDANT’S FILING
Willie E. Rembert has filed a motion for compassionate relief under the
First Step Act, 18 U.S.C. § 3582(c)(1)(A) (ECF No. 98). Before I can even consider
Rembert’s request, he must satisfy me that 30 days have lapsed since the warden
of his prison (here, FCI Jesup) received from him “such a request.” 	18 U.S.C.
§ 3582(c)(1)(A).1 	The judges of this District have found that statutory language
to be mandatory. 	See, e.g., United States v. McIntosh, No. 2:16-cr-100-DBH,
2020 U.S. Dist. LEXIS 93356, at *2 (D. Me. May 28, 2020); United States v.
Morgan, No. 1:18-cr-197-LEW (D. Me. May 4, 2020); United States v. Crosby,
No. 1:17-cr-123-JAW, 2020 WL 2044727, at *2 (D. Me. Apr. 28, 2020); United
States v. Lugo, No. 2:19-cr-56-JAW, 2020 WL 1821010, at *3 (D. Me. Apr. 10,
2020); see also United States v. Alam, No. 20-1298, 2020 WL 2845694, at *1
(6th Cir. June 2, 2020) (“[B]ecause this exhaustion requirement serves valuable
1 The statute gives the court authority to act on a defendant’s motion for compassionate release
after “the lapse of 30 days from the receipt of such a request by the warden of the defendant’s
facility.” 18 U.S.C. § 3582(c)(1)(A). “Such a request” means a request, received by the warden,
that BOP bring a motion for compassionate release on the defendant’s behalf. Id.
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purposes (there is no other way to ensure an orderly processing of applications
for early release) and because it is mandatory (there is no exception for some
compassionate-release requests over others), we must enforce it.”). 	Rembert’s
papers make no mention of any request to the warden.
Accordingly, I D ENY Rembert’s motion WITHOUT PREJUDICE. 	At this time, I
do not express any view on whether Rembert is entitled to any relief. 	Before I
can consider his motion, he must satisfy me that “the lapse of 30 days from the
receipt of such a request by the warden of the defendant’s facility” has occurred.
18 U.S.C. § 3582(c)(1)(A).
SO ORDERED.
D ATED THIS 4 TH DAY OF JUNE , 2020
/S/D. BROCK HORNBY
D. BROCK H ORNBY
UNITED STATES DISTRICT JUDGE
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