Opinion

Ashby v. United States

Court
District Court, M.D. Pennsylvania
Filed
May 14, 2020
Cited by
0 cases
Authority
More cited than 29.1%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

: 3:20-CV-0789

v.

: (JUDGE MANNION)

KYME ASHBY, :

Defendant :

MEMORANDUM

I. BACKGROUND

On May 11, 2020, defendant Kyme Ashby, an inmate at Danbury

Federal Prison Camp (“DFPC”), Connecticut, filed, pro se, a Motion for

Immediate Release to Home Confinement and an attached Addendum to her

Motion, (Doc. 916), pursuant to the Coronavirus Aid, Relief, and Economic

Security Act (the “CARES Act”), Pub. L. 116-136, §12003. The court also

finds that Ashby is seeking Compassionate Release under 18 U.S.C.

§3582(c)(1)(A). In her filing, Ashby requests the court to direct the BOP to

immediately transfer her from prison to home confinement at her “father’s”

(Kristin Nickels)1 house in the Bronx, New York, which the court construes

as a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241, related

1The court notes that in her Addendum, Doc. 916 at 3, Ashby indicates

that Kristin Nickels is her father but she also refers to this person as “Ms.

Nickels.” The PSR reveals that Ashby’s father, Harold, is dead and that her

mother, Helena, lives in the Bronx. (Doc. 723 at 11).

1

to her 30-month prison sentence, due to the COVID-19 pandemic. (Doc.

916).2 In particular, defendant Ashby seeks the court to alter her sentence

and to immediately release her from confinement in prison at DFPC to home

confinement with Ms. Nickels in the Bronx, New York, due to her fear that

she may contract the COVID-19 virus in the prison Camp if it is introduced

there in the future. Ashby concedes that currently DFPC “is not infected” with

the virus but she states that the Danbury prison was designated by Attorney

General Barr as a “hot spot” in his April 3, 2020 Memorandum to the BOP.

She also contends that Danbury prison has over 40 infected inmates and 2

deaths due to the virus. However, Ashby states that as of March 13, 2020,

no visitors have been allowed at DFPC. Further, Ashby does not allege that

she has any chronic medical condition that will put her at greater risk to suffer

more severe consequences if she does contract the virus. Also, defendant is

currently 30 years old and not in the high risk age category.3 Alternatively,

2The court notes that although Ashby cites to the CARES Act §12003

as the statutory basis for her motion, the court does not find her filing as a

motion against the government. Rather, upon review, the court finds that it

is a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241. See

Cordaro v. Finley, 2020 WL 2084960 (April 30, 2020). Thus, defendant is

actually the petitioner, and the proper respondent is the Warden at DFPC,

who Ashby indicates is Warden Easter. See 28 U.S.C. §2243. “The writ, or

order to show cause shall be directed to the person having custody of the

person detained. These provisions contemplate a proceeding against some

person who has the immediate custody of the party detained, with the power

to produce the body of such party before the court or judge.” Rumsfeld v.

Padilla, 542 U.S. 426, 434 (2004).

3The court notes that it considered defendant Ashby’s age, 30 (DOB

June 8, 1989), as well as her physical condition stated in her PSR, (Doc. 723

2

the court could construe defendant Ashby’s filing as a motion for

compassionate release under 18 U.S.C. §3582(c)(1)(A)(i).

However, for the reasons set forth below, the court will construe

defendant Ashby’s motion as a petition for writ of habeas corpus pursuant to

28 U.S.C. §2241, and it will transfer her case to the District of Connecticut,

where habeas jurisdiction properly arises.4

Insofar as defendant Ashby’s filing is considered as a motion for

compassionate release, it will be dismissed without prejudice for lack of

jurisdiction due to her clear failure to exhaust her BOP administrative

remedies under §3582(c)(1)(A)(i). In fact, Ashby states that “[d]ue to exigent

circumstances regarding the imminent threat of grave bodily harm or death,

[she] is excused from exhaustion of administrative remedies prior to seeking

judicial intervention.” (Doc. 916 at 2). To the extent defendant is deemed as

at 13), which reflects that she reported “satisfactory physical health.” Also,

there was no report that she takes any medication for any medical condition.

4“There is a judicially created exhaustion requirement for habeas

petitions brought under 28 U.S.C. §2241.” Furando v. Ortiz, 2020 WL

1922357, *3 (D.N.J. April 21, 2020) (citing Callwood v. Enos, 230 F.3d 627,

633-34 (3d Cir. 2000)). Even though it appears that defendant has not

exhausted all of her administrative remedies available with the BOP

regarding her habeas petition, the court will leave it up to the District Court

that has jurisdiction over his petition to decide whether it should be dismissed

without prejudice. See Furando, supra (court dismissed without prejudice the

habeas petition of inmate serving his federal sentence at FCI-Fort Dix who

sought immediate release to home confinement under the CARES Act,

based on the COVID-19 virus, due to his failure to exhaust his BOP

administrative remedies available under 28 C.F.R. §§542.10 to 542.19.).

3

seeking the court to order the BOP to find her eligible for immediate home

confinement designation under the CARES Act, the court does not have

authority to grant her request for relief and order the BOP to release her to

home confinement.5

II. DISCUSSION6

In her present Motion and Addendum, (Doc. 916), Ashby seeks her

immediate transfer from DFPC to home confinement and requests the court

to allow her to serve the remainder of her 30-month prison sentence in home

confinement stating that she is the mother of 3 minor children and wants to

care for them. She also states that since FCI-Danbury has “significant levels

of infection at several site facilities” she fears contracting the COVID-19 virus

if it is introduced at DFPC, “which will result in severe illness or death.”

Further, Ashby provides her re-entry plan in her motion if the court directs

the BOP to release her to home confinement.

5Even though the government has not yet responded to Ashby’s

motion, in light of the emergency nature of the motion, the court will transfer

it to the proper District to the extent it is a §2241 habeas petition. Also, insofar

as Ashby’s motion is one for compassionate release pursuant to 18 U.S.C.

§3582(c)(1)(A), the court can act sua sponte to dismiss it based on lack of

jurisdiction since it is apparent on the face of her motion that she did not

exhaust her administrative remedies.

6Ashby is currently serving a 30-month prison sentence that was

imposed by this court on November 14, 2019, after she pled guilty to

conspiracy to distribute and possess with intent to distribute heroin and

cocaine base, 21 U.S.C. §846. Ashby was also ordered to be on 3-years of

supervised release following the service of her prison sentence. (Doc. 907).

4

Additionally, Ashby appears to indicate that she is not a danger to the

community and that she is a low risk offender who the BOP is considering

for release from prison under the CARES Act due to the COVID-19

pandemic. As mentioned, Ashby does not allege that there are currently any

inmates or staff at DFPC with COVID-19. However, she alleges that

“Danbury FCI has not followed safety measure[s] suggested by the CDC

such as keeping inmates and employees six feet apart in [cells] or communal

arears to avoid the spread of COVID-19.” Ashby states that “social distancing

is difficult … if not impossible.” Ashby further alleges that “Warden Easter

and Director Carvajal are violating [her] constitutional right to receive

adequate medical and safety care.” She does not specify how her 8th

Amendment right to proper medical care is allegedly being violated. In any

event, such a claim must be raised in a civil rights action under Bivens in the

District Court in Connecticut after Ashby exhausts her BOP administrative

remedies at DFPC.

Thus, Ashby is construed as contending that the recommended safe

practices to curtail the spread of the virus cannot be accomplished at DFPC

even though “[it] is virus free at this point in time.” Based on these allegations,

Ashby contends that the court should “allow [her] immediate release to home

confinement” and that she believes she qualifies for such release from prison

under the CARES Act.7

7 Since this court is well-aware of all of the safety measures

implemented by the BOP in response to the COVID-19 virus, see Cordaro,

5

As this court recently did in Cordaro, 2020 WL 2084960, *3, as well as

other similar cases, see e.g., United States v. Taylor, 2020 WL 2084974

(M.D.Pa. April 30, 2020), the court construes Ashby’s instant filing as a

petition for writ of habeas corpus pursuant to 28 U.S.C. §2241.

No doubt that a habeas petition under §2241 is the proper vehicle for

an inmate to challenge “the fact or length of confinement”, Presser v.

Rodriguez, 411 U.S. 475, 494 (1973), or the “execution” of his confinement.

Woodall v. Fed. BOP, 432 F.3d 235, 241-42 (3d Cir. 2005). Further, the court

must look to the remedy requested by the inmate to determine if he is

seeking relief available in a habeas petition. “When a petitioner seeks

immediate release from custody, the ‘sole federal remedy’ lies in habeas

corpus.” Camacho Lopez v. Lowe, 2020 WL 1689874, *8 (M.D.Pa. April 7,

2020) (citing Presser, 411 U.S. at 500).

In Camacho Lopez, the petitioner was an ICE detainee subject to a

final removal order whose removal was set for March 30, 2020, but delayed

due to his COVID-19 diagnosis. The petitioner filed a §2241 habeas petition

seeking immediate release from confinement based on “the threat posed by

the COVID-19 viral pandemic.” The respondent argued that Camacho

supra, and since many of the measures are found on the BOP’s website,

they are not repeated herein. Also, the number of COVID-19 cases in a

federal prison can be found at COVID-19 Cases, Federal Bureau of Prisons,

https://www.bop.gov/coronavirus/. The court also notes that according to the

NYC Health Dept., there have been over 185,000 confirmed cases of

COVID-19 in the City and 41,953 cases in the Bronx, as of May 13, 2020.

6

Lopez’s petition should be construed as a civil rights action under 42 U.S.C.

§1983. The court found that “the extraordinary conditions of confinement”

“where the petitioner tested positive for and had been hospitalized by a

potentially deadly pandemic virus and claims that officials cannot properly

treat him---constitute the extreme case in which habeas relief might be

available.” Id. at 13. The court then concluded that based on the case’s

unique circumstances, “both the claim brought and the remedy sought are

cognizable in habeas corpus.” Id. The court found, however, that Camacho

Lopez’s continued detention in prison was proper and dismissed his habeas

petition. See also Verma v. Doll, Civil No. 4:20-14, (M.D.Pa. April 9, 2020)

(court found petitioner, an ICE detainee, “plainly seeks a habeas remedy”

where he requested immediate release from custody based on alleged

“constitutionally deficient conditions of confinement that threaten his life and

health” in light of the COVID-19 pandemic); Saillant v. Hoover, 2020 WL

1891854, *3 (M.D.Pa. April 16, 2020) (the court agreed with the conclusions

of the courts in Verma and Camacho Lopez “finding that a claim based on

the COVID-19 pandemic [at CCCF by ICE detainee] is exactly the sort of

‘extreme case’ contemplated in [Ali v. Gibson, 572 F.2d 971 (3d Cir. 1978)]”

“in which a petitioner may challenge the conditions of his confinement

through a petition for writ of habeas corpus.”).

In the present case, as in the above cited cases and as well as in

Cordaro, 2020 WL 2084960, *4, and Taylor, supra, although defendant is not

an ICE detainee awaiting her removal, she similarly seeks immediate release

7

from custody at DFPC since she believes her health is in imminent risk of

contracting the COVID-19 virus at the camp if it is introduced there, which “is

unequivocally a habeas remedy.” United States v. Serfass, 2020 WL

1874126, *2 (M.D.Pa. April 15, 2020) (citation omitted). As the court in

Camacho Lopez explained, 2020 WL 1689874, 11, the term “execution” of a

petitioner’s sentence is broadly defined by the Third Circuit “to include such

matters as administration of parole, sentence computation, prison

disciplinary proceedings, prison transfers, and even ‘conditions’ generally.”

(citing Woodall, 432 F.3d at 241-44).

In her instant filing, as in Cordaro, 2020 WL 2084960, *4, defendant

clearly seeks relief that affects the execution of her 30-month prison

sentence since she requests the court alter its terms and to immediately

release her to home confinement. See Cordaro, 2020 WL 2084960, *4.

Although Ashby appears, in part, to raise a challenge to the conditions of her

confinement at DFPC by alleging she is being denied adequate medical

care, she is seeking release from prison in her motion and not damages, and

thus her filing is not a civil rights action. See Parmeley v. Trump, 2020 WL

1987366, *2 (S.D.Ill. April 27, 2020) (court held that proposed class action

civil rights complaint filed by inmates incarcerated in federal prison and in

BOP custody who sought release from prison due to the COVID-19 virus

was not a remedy that was available under Section 1983 or Bivens, and that

“[a] petition for a writ of habeas corpus is the proper route if a prisoner is

seeking ‘what can fairly be described as a quantum change in the level of

8

custody—whether outright freedom, or freedom subject to the limited

reporting and financial constraints of bond or parole or probation.’”) (citation

omitted).

Additionally, while Ashby does not directly state that she has filed a

request with the Warden for compassionate release to home confinement

due to the COVID-19 virus, she alleges that she should be excused from

exhausting her BOP administrative remedies due to the alleged “exigent

circumstances.” Thus, Ashby seemingly contends that the COVID-19 virus

along with the alleged unsafe conditions at the camp present an

extraordinary situation in which exhaustion should be waived.

In any event, it is clear that Ashby has not exhausted her BOP

administrative remedies prior to her instant filing.

Also, Ashby claims that due to the threat that she may contract the

COVID-19 virus at DFPC she qualifies to be immediately released to home

confinement based on the CARES Act and pursuant to the FSA, 18 U.S.C.

§3582(c)(1)(A). “As amended by the First Step Act, 18 U.S.C. §3582(c)(1)(A)

authorizes courts to modify a criminal defendant’s sentence for

‘extraordinary and compelling reasons’ ‘upon motion of the Director of the

Bureau of Prisons’ or ‘upon motion of the defendant after the defendant has

fully exhausted all administrative rights to appeal a failure of the Bureau of

Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days

from the receipt of such a request by the warden of the defendant’s facility,

whichever is earlier.’” United States v. Feiling, 2020 WL 1821457, *4

9

(E.D.Va. April 10, 2020). As stated, Ashby does not state that she has

requested compassionate release to the Warden at DFPC, and her motion

for compassionate release must be dismissed for lack of jurisdiction since

she has clearly not exhausted her administrative remedies under

§3582(c)(1)(A), “which requires that a defendant seeking compassionate

release present [her] application to the BOP and then either (1)

administratively appeal an adverse result if the BOP does not agree that [her]

sentence should be modified, or (2) wait for 30 days to pass.” United States

v. Zukerman, 2020 WL 1659880, *2 (S.D.N.Y. April 3, 2020). See also United

States v. Raia, 954 F.3d 594 (3d Cir. April 2, 2020); United States v. Smith,

2020 WL 2063417, *2 (N.D.Oh. April 29, 2020) (court held that defendant

failed to fully exhaust his administrative remedies with respect to his motion

for compassionate release “[b]ecause the Warden explicitly denied his []

request, [defendant] needed to exhaust by appealing the Warden’s

decision.” (citing 28 C.F.R. §542.15(a); B.O.P. Program Statement 5050.50

§571.63 (citing the Administrative Remedy Program appellate procedure as

the proper method of administratively appealing a denied §3582(c)(1)(A));

United States v. Brummett, 2020 WL 1492763, at *1-2 (E.D. Ky. Mar. 27,

2020) (denying request for compassionate release due to COVID-19 for

failure to exhaust because inmate did not appeal warden’s denial of his

request for a reduction in sentence)); United States v. Edwards, 2020 WL

1987288 (M.D.Tn. April 27, 2020) (Court denied motion for compassionate

release without prejudice until the exhaustion requirement of 18 U.S.C.

10

§3582(c)(1)(A(i) is satisfied). Here, it is apparent that Ashby has not yet

availed herself of her administrative remedies.

Secondly, the court cannot yet determine if Ashby has demonstrated

that “extraordinary and compelling reasons” warrant a reduction of her

sentence even though she alleges that the conditions at the camp create a

high risk that if the COVID-19 virus is introduced there, she will contract it,

despite the fact that she admits there are presently no cases of the virus at

DFPC, since she has not exhausted her administrative remedies. See

Zukerman, 2020 WL 1659880, *2 (“in order to be entitled to relief under 18

U.S.C. §3582(c)(1)(A)(i), [defendant] must both meet the exhaustion

requirement and demonstrate that ‘extraordinary and compelling reasons’

warrant a reduction of [her] sentence.”); Raia, 954 F.3d at 597 (“The First

Step Act empowers criminal defendants to request compassionate release

for ‘extraordinary and compelling reasons’” after the defendant exhausts

administrative remedies with the BOP.) (citing 18 U.S.C §3582(c)(1)(A)(i)).

The Third Circuit in Raia, id., also held that defendant’s failure to comply with

§3582(c)(1)(A)’s exhaustion requirement “presents a glaring roadblock

foreclosing compassionate release at this point.”

Further, Ashby does not demonstrate any “catastrophic health

consequences” to make exhaustion futile or show that she could be unduly

prejudiced if she had to wait to exhaust her administrative remedies with the

BOP. See Zukerman, 2020 WL 1659880, *3. Rather, she only speculates

11

that the prison conditions may lead to her contracting the COVID-19 virus in

the future.

As the Third Circuit in Raia, 954 F.3d at 597, explained, “the mere

existence of COVID-19 in society and the possibility that it may spread to a

particular prison alone cannot independently justify compassionate release,

especially considering BOP’s statutory role, and its extensive and

professional efforts to curtail the virus’s spread.” (citation omitted). See also

Feiling, 2020 WL 1821457, *5 (“the Court agree[d] with the Third Circuit [in

Raia] and the district courts cited [in its decision] and will join them in holding

that the mere existence of COVID-19 among the prison population and an

inmate’s susceptibility to it do not justify waiver of the administrative

exhaustion requirement under §3582(c)(1)(A).”) (string citations omitted of

several cases finding that since defendant failed to exhaust the

administrative remedies with BOP, the Court does not possess authority to

grant relief under §3582(c)(1)(A)(i), even if based on COVID-19, and that

§3582(c)(1)(A) provided no authority to waive the exhaustion requirement);

Smith, supra (same); Edwards, 2020 WL 1987288, *10 n.6 (court noted that

the Third Circuit’s conclusion in Raia that the exhaustion requirement was

“non-waivable” and that the failure to exhaust administrative remedies

forecloses compassionate release was not “mere ‘dicta’”).

Moreover, the Third Circuit in Raia, 954 F.3d at 597, stated, ”[g]iven

BOP’s shared desire for a safe and healthy prison environment, we conclude

that strict compliance with §3582(c)(1)(A)’s exhaustion requirement takes on

12

added—and critical—importance.” See also Feiling, 2020 WL 1821457, *7

(“Because Defendant has failed to exhaust administrative remedies under

§3582(c)(1)(A), the Court lacks authority to grant a sentence modification

under that provision.”); United States v. Soto, 2020 WL 1875147, *1 (D.Co.

April 15, 2020) (“18 U.S.C. §3582(c)(1)(A) imposes a requirement on a

defendant requesting compassionate release to exhaust all administrative

rights before seeking such relief.”) (citation omitted); United States v. Boyles,

2020 WL 1819887, *2 (D.KS. April 10, 2020) (the court held that since

defendant did not exhaust his BOP administrative remedies as required, “it

[did] not decide whether he has established that there are ‘extraordinary and

compelling reasons’ why he should be released.”); United States v. Wright,

2020 WL 1976828 (W.D.La. April 24, 2020) (court did not need to address

whether inmate demonstrated extraordinary and compelling reasons to

warrant his release to home confinement under the provisions of the

compassionate release statute “due to the grave dangers presented by

COVID-19” since inmate did not exhaust his administrative remedies under

18 U.S.C. §3852(c)(1)(A), which is mandatory and “the Court has no power

to waive the exhaustion requirement.”).

Additionally, insofar as Ashby is relying on the CARES Act, which was

signed into law on March 27, 2020, as the basis for her release to home

confinement, such reliance is misplaced.

As the court in United States v. Sawicz, 2020 WL 1815851, *1

(E.D.N.Y. April 10, 2020), recently explained:

13

[The] CARES Act expanded the maximum amount of time that a

prisoner may spend in home confinement: “if the Attorney General

finds that emergency conditions will materially affect the functioning of

the [BOP], the Director of the Bureau may lengthen the maximum

amount of time for which the Director is authorized to place a prisoner

in home confinement ....” CARES Act §12003(b), Pub. L. No. 116-136,

134 Stat. 281 (2020). Attorney General William Barr made the requisite

“finding that emergency conditions are materially affecting the

functioning of the Bureau of Prisons” on April 3, 2020, thereby

triggering the BOP’s authority to expand the amount of time that a

prisoner may spend in home confinement.

The determination of which inmates qualify for home confinement

under the CARES Act is with the BOP Director. See United States v. Doshi,

2020 WL 1527186, *1 (E.D.Mi. March 31, 2020) (The CARES Act

“temporarily permits the Attorney General to ‘lengthen the maximum amount

of time for which [it] is authorized to place a prisoner in home confinement’

under §3624(c)(2)”, and “the authority to make this determination is squarely

allocated to the Attorney General, under whose authority is the Bureau of

Prisons.”). In fact, the CARES Act “does not mandate home confinement for

any class of inmate.” Valenta v. Ortiz, 2020 WL 1814825, *1 (D.N.J. April 9,

2020).

Under the CARES Act “Congress sought to address the spread of the

coronavirus in prisons by permitting BOP to expand the use of home

confinement under [Section 602 of the First Step Act] §3624(c)(2).” Furando,

2020 WL 1922357, *2 (citing Pub. L. No. 116-36, §12003(b)(2)). “Upon

direction of the Attorney General, Section 12003(b)(2) of the CARES Act

14

temporarily suspends the limitation of home confinement to the shorter of 10

percent of the inmate’s sentence or 6 months.” Id.

Thus, the CARES Act provides that if the Attorney General finds that

emergency conditions will materially affect the functioning of the BOP, as he

did on April 3, 2020, 8 the BOP Director may increase the maximum amount

of time that a prisoner may spend in home confinement under the first

sentence of 18 U.S.C. §3624(c)(2). Id. at *3; Cruz, 2020 WL 1904476, *4.

As such, “the jurisdiction of [a home confinement] determination [under

the CARES Act] is with the Director of the Bureau of Prisons.” Id.; Cordaro,

2020 WL 2084960, *6.

In short, the court finds that Ashby’s motion should be construed as a

§2241 habeas petition since she seeks relief affecting how her sentence is

executed, i.e., serving her sentence in home confinement as opposed to

confinement in prison to which she was sentenced. See United States v.

Serfass, 2020 WL 1874126 (M.D.Pa. April 15, 2020).

A petitioner may seek §2241 relief only in the district in which he is in

custody. United States v. Figueroa, 349 F. App’x 727, 730 (3d Cir. 2009).

This Court has no jurisdiction over defendant’s habeas claims as she is not

detained within this district at the time of the filing of her motion. As such,

Ashby must file her §2241 habeas petition in the U.S. District Court for the

District of Connecticut since she is confined in prison in that district. Pursuant

8See Furando, 2020 WL 1922357, *2-3 (court summarized Barr’s

Memoranda).

15

to 28 U.S.C. §2243, “[t]he writ, or order to show cause shall be directed to

the person having custody of the person detained. These provisions

contemplate a proceeding against some person who has the immediate

custody of the party detained, with the power to produce the body of such

party before the court or judge.” Rumsfeld v. Padilla, 542 U.S. 426, 434

(2004). Thus, for purposes of a habeas action, the petitioner’s custodian is

the warden of the institution holding the petitioner. Id. at 442. In the instant

case, the only appropriate respondent is the Warden of DFPC, where Ashby

is currently confined.

In light of the foregoing, the court will direct the clerk of court to docket

Ashby’s Doc. 916 motion as an emergency §2241 habeas petition and to

assign it a separate civil number. The court will then direct the clerk of court

to transfer Ashby’s habeas petition to the U.S. District Court for the District

of Connecticut.

III. CONCLUSION

Defendant Ashby’s Motion for Immediate Release to Home

Confinement related to the COVID-19 pandemic, (Doc. 916), is construed as

a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241, and the

clerk of court will be directed to docket defendant’s Doc. 916 motion as an

emergency §2241 habeas petition and to assign it a civil number. The clerk

16

of court will then be directed to transfer defendant’s §2241 habeas petition

to the U.S. District Court for the District of Connecticut as the proper

jurisdictional court. To the extent that defendant’s filing could be considered

as a motion for compassionate release, it is properly filed, will remain in her

criminal case and be DISMISSED WITHOUT PREJUDICE for lack of

jurisdiction due to her failure to exhaust his BOP administrative remedies

under §3582(c)(1)(A)(i). Finally, insofar as defendant is seeking this court to

compel the BOP to find that she is eligible for home confinement designation

under the CARES Act, the court will DISMISS it since the authority to make

this determination lies with the BOP Director and not the court. An

appropriate order will follow.

s/ Malachy E. Mannion

MALACHY E. MANNION

United States District Judge

Dated: May 14, 2020

15-154-01

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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