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- ilnd;;1:20-cv-01792_de393 RegisterActionDate "2020-04-21" @default.
- ilnd;;1:20-cv-01792_de393 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: This order is entered by Judge Pallmeyer as the designated emergency judge and will also be entered on the criminal docket in 16 CR 448-1. Defendant Mohammed Shariff has moved for compassionate release from his 75-month custody sentence on a charge of conspiracy to distribute controlled substances. Defendant, now age 67, asserts that he suffers from a variety of health conditions, including diabetes, for which he has required hospital treatment several times since his incarceration. The First Step Act requires an individual seeking compassionate release to first exhaust remedies within the BOP by seeking release from the Warden; the exhaustion requirement is satisfied if the warden denies the request or fails to act on it within 30 days. Defendant Shariff requested compassionate release from the warden, but he made that request on April 16 and then waited just five days before filing this motion. Defendant contends the exhaustion requirement serves no useful purpose and cites cases outside this district where courts have waived the requirement. No authority from our Court of Appeals supports the conclusion that the exhaustion requirementa claims processing rule that, while not jurisdictional, is mandatorycan be disregarded. Mr. Shariff's personal circumstances are troubling, but his motion 384 is denied without prejudice. Notice mailed by judge's staff (ntf, ) (Entered: 04/21/2020)" @default.
- ilnd;;1:20-cv-01792_de393 AdministrativeID "386" @default.
- ilnd;;1:20-cv-01792_de393 OntologyLabel dismiss_without_prejudice @default.
- ilnd;;1:20-cv-01792_de393 OntologyLabel minute_entry @default.
- ilnd;;1:20-cv-01792_de393 hasReferenceToOtherEntry ilnd;;1:20-cv-01792_de391 @default.