Wyrrick v. Hendrix
Wyrrick v. Hendrix
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION
ANDREW WADE WYRRICK PETITIONER Reg. #15526-062
V. No. 2:20-cv-157-DPM-BD
DEWAYNE HENDRIX, Warden, Federal Correctional Institution, Forrest City, Arkansas RESPONDENT
ORDER 1. Andrew Wade Wyrrick pleaded guilty in the Northern District of Oklahoma to possessing marijuana with intent to distribute and possessing a firearm in furtherance of drug trafficking. Doc. 73 in N.D. Okla. Case No. 4:18-cr-106-JED-1. He is serving a sixty-month sentence at FCI Forrest City Low. Doc. 1. He has filed a § 2241 petition requesting compassionate release based on the ongoing COVID-19 pandemic and its effects in prison. Ibid. The case was automatically referred to Magistrate Judge Beth Deere. 2. The Court withdraws the reference. Because Wyrrick’s petition is, in substance, a motion for compassionate release, this Court lacks jurisdiction. Federal inmates may attack the execution of their sentences through a § 2241 habeas proceeding in the district where they are incarcerated. Matheny v. Morrison,
307 F.3d 709, 711 (8th Cir. 2002).
But Wyrrick is not challenging the execution of his sentence. Instead, he’s requesting compassionate release —a sentence modification—due to COVID-19. Wyrrick must file that motion in the court that imposed his sentence: the Northern District of Oklahoma. United States v. Raia,
654 F.3d 594, 596(3d Cir. 2020). His petition, Doc. 1, will therefore be dismissed without prejudice for lack of jurisdiction. So Ordered.
Opergaslall fe D.P. Marshall Jr. United States District Judge 27 Ivby 2020
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Reference
- Status
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