United States District Court, E.D. Kentucky, Northern Division, Covington
MEMORANDUM OPINION AND ORDER
M. Hood Senior U.S. District Judge.
prisoner, Robert Koch (“Koch”), proceeding
pro se, has filed a motion styled “Motion for
First Step Act's Amendment of 2582(c)(1)(A)(i) for
‘extraordinary and compelling reasons'...”
[DE 156]. His request for a reduction in sentence for
“extraordinary and compelling reasons” will be
denied because there is no indication that he has exhausted
his administrative remedies. Additionally, he cannot assert
his alleged Sixth Amendment claim without authorization from
the United States Court of Appeals for the Sixth Circuit.
Therefore, the portion of his motion construed as a
successive § 2255 motion, will be transferred to the
Sixth Circuit in accordance with 28 U.S.C. § 2244, for a
determination as to whether Koch should be allowed to pursue
a second or successive motion for relief under § 2255.
See 28 U.S.C. 2255(h).
14, 2002, Koch was found guilty of five counts of a
superseding criminal indictment, including marijuana-related
offenses as well as weapons offenses. [DE 59]. Davis was
sentenced on October 3, 2002. [DE 77]. That sentence was
ultimately vacated and remanded for re-sentencing. [DE
September 20, 2005, the Court re-sentenced Koch, [DE 102],
and subsequently sentencing Koch to sixty (60) months on
Counts 1, 3, 4, and 6 to be served concurrently with each
other, and a term of one hundred eighty eight (188) months on
Count 2, to be served consecutively to the terms imposed on
Counts 1, 3, 4, and 6 for a total term of imprisonment of two
hundred forty-eight (248) months. [DE 103]. Koch has now
moved for a reduction of his sentence. [DE 156].
Koch's Request for Reduction For “Compelling and
Extraordinary Reasons” Under 18 U.S.C. §
requests the Court to reduce his term of imprisonment for
“extraordinary and compelling” under the First
Step Act amendments to 18 U.S.C. § 3582(c). [DE 156].
Even if Koch demonstrated an “extraordinary and
compelling” reason to reduce his term of imprisonment
under 18 U.S.C. § 3582(c)(1)(A)(i), Koch failed to
exhaust his administrative remedies as required by the
statute. As such, his request for a reduction is premature
and must be denied.
December 21, 2018, the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194, was signed into law. Among other
reforms, the First Step Act of 2018 expands the criteria for
compassionate release and gives defendants the opportunity to
appeal the Bureau of Prisons' denial of compassionate
release. Pub. L. No. 115-391, § 603(b).
request a reduction in his or her term of imprisonment for
“compelling and extraordinary reason, ” a
defendant must comply with the requirements set forth in 18
U.S.C. § 3582(c). The language of 18 U.S.C. §
3582(c)(1)(A)(i) specifically provides:
(c) Modification of an imposed term of imprisonment. The
Court may not modify a term of imprisonment once it has been
imposed except that-
(1) in any case-
(A) the court, upon motion of the Director of the Bureau of
Prisons, or upon motion of the defendant after the defendant
has fully exhausted all administrative rights to appeal a
failure of the Bureau of Prisons to bring a motion on the
defendant's behalf or the lapse of 30 days from the
receipt of such a request by the warden of the
defendant's facility, whichever is earlier, may reduce
the term of imprisonment (and may impose a term of probation
or supervised release with or without conditions that does
not exceed the unserved portion of the original term ...