Vaughan v. United States
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. § 3582because 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. § 3582in 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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