2:12-cr-00066•USA v. REMBERT
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA, V . WILLIE REMBERT, DEFENDANT ) ) ) ) ) ) ) ) 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. Case 2:12-cr-00066-JAW Document 100 Filed 06/04/20 Page 1 of 2 PageID #: <pageID>
2 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 Case 2:12-cr-00066-JAW Document 100 Filed 06/04/20 Page 2 of 2 PageID #: <pageID>
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