USA v. Rogge

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 1:86-cr-10004
Case No. 1:97-cr-10005
Case No. 1:97-cr-10006
LESLIE ISBEN ROGGE 	DEFENDANT
ORDER
Before the Court is Defendant Leslie Isben Rogge’s Motions to Reconsider the Court’s
prior order. ECF No. 86.0F
1 Defendant seeks to have the Court reconsider its prior order (ECF No.
86) denying Defendant’s Motion for Compassionate Release (ECF No. 84). The Court previously
found that Defendant did not show that he had exhausted the required administrative remedies
prior to filing his motion for release. ECF No. 86, p. 4. In the instant motion, Defendant states
that his statement that his request for release to his warden had been denied was in error. Defendant
explains that his warden never answered his request for release, which Defendant mistakenly
misunderstood as a denial.
Upon consideration, the Court finds that Defendant has shown good cause for a partial
reconsideration of the Court’s prior order. 	If Defendant has not received an answer from his
warden regarding his request for release, then he has exhausted his administrative remedies. See
18 U.S.C. § 3582(c)(1)(A)(i). 	Accordingly, the Court’s prior order (ECF No. 86) is hereby
STRUCK, and Defendant’s motion (ECF No. 84) shall be considered pending. 	The Court will
1 Defendant has filed an identical motion in three cases. See Ark. W.D. Case No. 1:86-cr-10004, ECF No. 84; Ark.
W.D. Case No. 1:97-cr-10005, ECF No. 31; Ark. W.D. Case No. 1:97-cr-10006, ECF No. 31. The Court will refer to
the motion filed in Case No. 1:86-cr-10004 (ECF No. 86) in analyzing the merits of his motion, unless otherwise
noted.
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appoint 	the 	Federal 	Public 	Defender 	to 	represent 	Defendant 	regarding 	his 	request 	for
compassionate release. 	The Court’s orders in the parallel matters will also be struck, with
Defendant’s motions now considered pending. The motions that are now considered pending are
Ark. W.D. Case No. 1:97-cr-10005, ECF No. 29; and Ark. W.D. Case No. 1:97-cr-10006, ECF
No. 29. The Court’s orders to be struck are Ark. W.D. Case No. 1:97-cr-10005, ECF No. 30; and
Ark. W.D. Case No. 1:97-cr-10006, ECF No. 30.
IT IS SO ORDERED, this 3rd day of March, 2023.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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