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United States v. Cook

United States District Court, Seventh Circuit

September 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
EMANUEL COOK, Defendant

MEMORANDUM AND ORDER

G. PATRICK MURPHY United States District Judge

This matter is before the Court on a Motion for Compassionate Release filed by Defendant Emanuel Cook (Doc. 96). Mr. Cook seeks compassionate release because he has testicular cancer which he believes is “progressive” and “incurable” (Doc. 96, p. 4).

Compassionate releases are permitted under 18 U.S.C. § 3582(c)(1)(A)(i), which provides that a district court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate for extraordinary and compelling reasons.[1] Here, Mr. Cook initiated the request for compassionate release by filing his motion directly with the Court. As clearly provided in the statute, however, the Director, rather than the prisoner, is required to bring a motion to reduce the term of imprisonment on compassionate release grounds. 18 U.S.C. § 3582(c)(1)(A)(i). No such motion has been filed in this case. Therefore, the Court cannot modify Mr. Cook’s sentence pursuant to § 3582(c)(1)(A)(i). See, e.g., Engle v. United States, 26 Fed.Appx. 394, 397 (6th Cir. 2001) (“[T]he district court lacked jurisdiction to sua sponte grant compassionate release. A district court may not modify a defendant's federal sentence based on the defendant's ill health, except upon a motion from the Director of the Bureau of Prisons.”); United States v. Gonzales, 59 F.3d 1240, 1995 WL 412993, at *2 (5th Cir.1995) (holding that “motion for compassionate release” did not satisfy 18 U.S.C. § 3582(c)(1)(A) because the BOP did not file a motion to reduce the term of imprisonment).

Accordingly, Mr. Cook’s Motion for Compassionate Release is DENIED.

IT IS SO ORDERED.


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