Opinion
5:99-MJ-210-BR
01-21-2022
UNITED STATES OF AMERICA, Petitioner, v. SHEROD H. MAIR, Respondent.
ORDER
W. Earl Britt Senior U.S. District Judge
This matter is before the court on respondent's pro se motion for compassionate release based on COVID-19. (DE # 168.) The court presumes respondent seeks release pursuant to 18 U.S.C. § 3582(c)(1)(A). That statute permits a court to “reduce the term of imprisonment” for specified reasons. 18 U.S.C. § 3582(c)(1)(A). However, it does not apply to respondent because he is civilly committed under 18 U.S.C. § 4243 after having been found not guilty by reason of insanity and therefore is not subject to a term of imprisonment. See United States v. Jensen, No. 16-CV-1661 (SRN/KMM), 2021 WL 1221186, at *1 (D. Minn. Apr. 1, 2021) (holding § 3582(c)(1) was inapplicable because the defendant “is subject to civil-detention order entered pursuant to [18 U.S.C.] § 4246” and “no longer subject to a term of imprisonment”).
Respondent's motion is DENIED.