Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:05-CR-00016-RJC USA )
) v. ) ORDER
)
MICHAEL VASHAWN DRAYTON )
)
THIS MATTER is before the Court upon motion of the defendant for compassionate release under 18 U.S.C. § 3582(c)(1)(A) and the First Step Act of 2018. (Doc. No. 55).
Section 603(b) of the First Step Act amended § 3582(c)(1)(A), which previously only allowed a court to reduce a term of imprisonment on motion of the Director of the Bureau of Prisons (BOP). Now a court may entertain a motion filed by a defendant: (1) after full exhaustion of all administrative rights to appeal a failure of the BOP to bring a motion on the inmate’s behalf; or (2) after the lapse of 30 days from the receipt of such a request by the warden of the facility, whichever is earlier. The defendant cannot obtain relief from this Court when he has not first sought it through the warden at his facility. United States v. McCoy, 981 F.3d 271, 283 (4th Cir. 2020) (defendant required to exhaust remedies with warden before filing motion with court). Therefore, the Court is without authority to consider the merits of his claim. United States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020). Case 3:05-cr-00016-RJC-CH Document 56 Filed 03/29/21 Page 1 of 2 *2 IT IS, THEREFORE, ORDERED that the defendant’s motion for compassionate release, (Doc. No. 55), is DENIED without prejudice.
The Clerk is directed to certify copies of this Order to the defendant and the United States Attorney.
Signed: March 29, 2021
2 Case 3:05-cr-00016-RJC-CH Document 56 Filed 03/29/21 Page 2 of 2