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United States v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 22, 2006

UNITED STATES
v.
CHAD SMITH

The opinion of the court was delivered by: Judge Sylvia H. Rambo

MEMORANDUM and ORDER

Before the court is a motion for compassionate release from confinement made by inmate Chad Smith. The motion before this court is improper. Such a motion pursuant to 18 U.S.C. § 3582(c)(1)(A) must be made by the Director of the Bureau of Prisons to the court.

A motion from the prisoner is to be submitted to the warden. 28 C.F.R. § 571.61(a). The warden then reviews such request with the Regional Director, General Counsel, and others depending on the reason for the request. § 571.62.*fn1

Only after all procedures are completed at the Bureau of Prisons is the approval of the U.S. Attorney's Office sought. § 571.62(a)(4). After that, the Director of the Bureau of Prisons may move the court.

IT IS THEREFORE ORDERED THAT the present motion is denied because of procedural error.

SYLVIA H. RAMBO United States District Judge


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