Vaughan v. United States

United States District Court for the Eastern District of Arkansas

Vaughan v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION ROBERT VAUGHAN PETITIONER Reg #46688-424

v. No. 2:20-cv-00221-BSM-JTR

UNITED STATES OF AMERICA RESPONDENT ORDER Robert Vaughan’s petition [Doc. No. 1] is dismissed without prejudice for lack of jurisdiction. There is no jurisdiction over Vaughan’s request for compassionate release pursuant to

18 U.S.C. § 3582

because only the sentencing court can modify the sentence it imposed. See

18 U.S.C. § 3582

(c)(1)(A); Claassen v. Hendrix, No. 2:20-cv-107-BSM/JTR,

2020 WL 4342606

, at *1 (E.D. Ark. June 15, 2020), report and recommendation adopted, No. 2:20-cv- 107-BSM,

2020 WL 4342445

(E.D. Ark. July 28, 2020); see also Smoke v. United States, No. CIV. 09-2050,

2009 WL 5030770

, at *4 (D. Minn. Dec. 14, 2009) (a request for compassionate release must be filed as a motion under

18 U.S.C. § 3582

in the district court that imposed the sentence). Vaughan has already presented his request for compassionate release to the sentencing court, and the sentencing court denied his request. United States

v. Vaughan, Case No. 1:14-cr-639 (N.D. Ill. June 26, 2020), at doc. 55. IT IS SO ORDERED this 31st day of December, 2020. A UNITED STATES DISTRICT JUDGE

Reference

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