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    Fata Case Stays at Us District Court

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    Natasha Dado
    This document is an order from a federal district court continuing to consider a motion from defendant Farid Fata for a reduction of his sentence under 18 U.S.C. 3582(c)(1)(A). The order notes that Fata had previously requested compassionate release from the warden, which was denied, meeting the statutory exhaustion requirement. The court also concludes that while the recent 6th Circuit case of United States v. Alam discussed this requirement, it does not mandate that a request to the warden must specifically cite COVID-19 as a basis for relief.

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    Fata Case Stays at Us District Court

    Uploaded by

    Natasha Dado
    7K views2 pages
    This document is an order from a federal district court continuing to consider a motion from defendant Farid Fata for a reduction of his sentence under 18 U.S.C. 3582(c)(1)(A). The order notes that Fata had previously requested compassionate release from the warden, which was denied, meeting the statutory exhaustion requirement. The court also concludes that while the recent 6th Circuit case of United States v. Alam discussed this requirement, it does not mandate that a request to the warden must specifically cite COVID-19 as a basis for relief.

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    Fata.case.Stays.at.Us.district.court

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    This document is an order from a federal district court continuing to consider a motion from defendant Farid Fata for a reduction of his sentence under 18 U.S.C. 3582(c)(1)(A). The order notes that Fata had previously requested compassionate release from the warden, which was denied, meeting the statutory exhaustion requirement. The court also concludes that while the recent 6th Circuit case of United States v. Alam discussed this requirement, it does not mandate that a request to the warden must specifically cite COVID-19 as a basis for relief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7K views2 pages

    Fata Case Stays at Us District Court

    Uploaded by

    Natasha Dado
    This document is an order from a federal district court continuing to consider a motion from defendant Farid Fata for a reduction of his sentence under 18 U.S.C. 3582(c)(1)(A). The order notes that Fata had previously requested compassionate release from the warden, which was denied, meeting the statutory exhaustion requirement. The court also concludes that while the recent 6th Circuit case of United States v. Alam discussed this requirement, it does not mandate that a request to the warden must specifically cite COVID-19 as a basis for relief.

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    You are on page 1of 2

    Case 2:13-cr-20600-PDB-DRG ECF No. 283 filed 06/11/20 PageID.

    4439 Page 1 of 2

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF MICHIGAN
    SOUTHERN DIVISION

    UNITED STATES OF AMERICA,

    Plaintiff,
    v. Case No. 13-cr-20600
    District Judge Paul D. Borman
    FARID FATA,

    Defendant. /

    ORDER CONTINUING JURISDICTION OVER PETITIONER FARID


    FATA'S "MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18
    U.S.C. §3582(c)(1)(A) (ECF #265)"

    On May 5, 2020, Defendant Farid Fata filed the instant Motion. Attached as

    Exhibit A was Fata's "Request for Compassionate Release/Reduction in Sentence"

    that Defendant Fata had filed with the Warden of FCI-Williamsburg on November

    22, 2019 (ECF #265-1). On February 20, 2020 the Warden denied Fata's request.

    On June 3, 2020 the Government filed "Supplemental Authority Supporting

    the Government's Response" in opposition to Fata's Motion (ECF #282), citing the

    recent decision of the United States Court of Appeals for the Sixth Circuit, United

    States v. Alam, No. 20-1298 (6th Cir. June 2, 2020), 2020 W L 2845694 (ECF

    #282), discussing §3582(c)(1)(A). Alam held that the statutory requirement of

    exhaustion of all administrative rights within the Bureau of Prisons to appeal the

    failure of the warden to bring a motion on defendant's behalf, or a lapse of 30 days

    1
    Case 2:13-cr-20600-PDB-DRG ECF No. 283 filed 06/11/20 PageID.4440 Page 2 of 2

    after providing a request to the warden under this provision, must occur before

    proceeding to Court for relief. The Government contends that a defendant's

    request to the warden for compassionate release, pursuant to 18 U.S.C.

    §3582(c)(1)(A), must have specifically referenced the COVID-19 pandemic. The

    Government provides no statutory basis or precedent to support this assertion.

    The Court concludes that although the defendant in Alam had moved for

    compassionate release based upon the COVID-19 pandemic, the Sixth Circuit

    opinion does not hold that a COVID-19 claim to the warden is a prerequisite for

    relief under 18 U.S.C. §3582(c)(1)(A).

    Accordingly, the Court will not strike Fata's Motion of May 5, 2020 (ECF

    #265) as premature under Alam, because he has previously sought and been denied

    compassionate release from his warden, and thus his Motion is properly before this

    Court.

    SO ORDERED.

    DATED: June 11, 2020 s/Paul D. Borman


    PAUL D. BORMAN
    UNITED STATES DISTRICT JUDGE

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