Brown v. United States of America

Filing 2

MEMORANDUM OPINION AND ORDER, Petitioner's motion 1 is DENIED without prejudice to refiling in the correct venue. The Clerk of Court is DIRECTED to CLOSE the case. Signed by District Judge Thomas A. Varlan on 6/30/22. (c/m Larry R. Brown Forrest City FCC - Medium PO Box 3000 Forrest City, AR 72336) (ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE LARRY R. BROWN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No.: 3:22-mc-2-TAV-JEM MEMORANDUM OPINION AND ORDER This matter is before the Court on petitioner Larry R. Brown’s Emergency Motion for Compassionate Release Pursuant 18 U.S.C. § 3582(c)(1)(A)(i) [Doc. 1]. Petitioner seeks compassionate release based on various health concerns. However, “[t]he sentencing court is the proper venue for a motion for compassionate release.” Haynes v. United States, No. 20-13394, 2021 WL 1405172, at *1 (E.D. Mich. Apr. 13, 2021) (citing United States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020) and Heard v. Quintana, 184 F. Supp. 3d 515, 521 (E.D. Ky. 2016)). A review of this Court’s docket indicates that Petitioner was not sentenced in the Eastern District of Tennessee. Moreover, Petitioner’s motion does not provide any indication of the sentencing court. Accordingly, Petitioner’s motion [Doc. 1] is DENIED without prejudice to refiling in the correct venue. The Clerk of Court is DIRECTED to CLOSE the case. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE Case 3:22-mc-00002-TAV-JEM Document 2 Filed 06/30/22 Page 1 of 1 PageID #: 11

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