Opinion
1:04-cr-00633
04-21-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARIO YOUNG, Defendant.
OPINION & ORDER [RESOLVING DOC. 55]
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE
The Court DENIES Defendant Mario Young's sentence reduction and compassionate release motion.
I. Background
In 2014, this Court imposed a 30-month prison sentence when Defendant was convicted on state charges, thereby violating the terms of his supervised release. The Court ordered 20 months of the federal sentence to run concurrent with Defendant's state sentence and the remaining 10 months to run consecutive to the state sentence.
Doc. 52.
Id.
Defendant is currently serving a 10-year mandatory Ohio prison sentence, which is set to expire on October 28, 2023.
Doc. 56.
II. Discussion 1
On September 22, 2021, Defendant moved pro se for a reduction in his federal sentence and compassionate release. Defendant seeks to reduce the 10-month sentence that the Court ordered to run consecutive to the state sentence.
Doc. 55.
Id.
On April 18, 2022, Defendant's counsel filed a notice indicating that counsel declined to supplement the pro se motion. Counsel confirmed that Defendant is presently in Ohio custody.
Doc. 56.
Id.
Because the Court lacks jurisdiction over a defendant who “has not commenced serving [a] federal sentence, ” this Court must deny Defendant Young's motion.
United States v. Caley, 2022 WL 229877, at *2 (E.D. Mich. Jan. 25, 2022).
When transferred to federal custody, if Defendant Young believes that there are “extraordinary or compelling reasons” that warrant a reduction in his sentence, he should contact his court-appointed counsel to file an appropriate motion.
III. Conclusion
Defendant's motion is DENIED.
IT IS SO ORDERED. 2