Unreported / Non-Citable
Background
On March 28, 2023, Marlon Rando Lee was sentenced to 216 months imprisonment with three years supervised release. He pleaded guilty to conspiracy to commit a Section 924(c) offense—using, carrying, or possessing firearms during a crime of violence—in violation of 18 U.S.C. § 924(o). The underlying conduct involved a hair salon robbery where Lee and a co-defendant took money, a cell phone, and a wallet from an employee using actual and threatened force and violence.
Approximately eighteen months after sentencing, Lee filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing prosecutorial misconduct, his own health issues, his grandfather’s death, and his uncle’s deteriorating health. Lee sought reduction of his sentence, presumably to time served, and his release from prison.
The Court’s Holding
The court denied Lee’s motion because he failed to satisfy the mandatory exhaustion requirement. Under 18 U.S.C. § 3582(c)(1)(A)(i), a defendant seeking compassionate release must first exhaust all administrative rights by either requesting the Bureau of Prisons to bring a motion on his behalf or allowing thirty days to pass from the warden’s receipt of such a request. Lee admitted he never submitted a compassionate release request to the warden.
While the Fifth Circuit has held that the exhaustion requirement is “mandatory but nonjurisdictional” and therefore can be waived if the Government fails to assert it, here the Government properly invoked the exhaustion requirement in its opposition. Consequently, the court held that Lee’s motion failed at the threshold and did not reach the merits of whether extraordinary and compelling reasons justified a sentence reduction.
Key Takeaways
- Defendants must exhaust administrative remedies before filing a compassionate release motion—either by requesting that BOP file a motion or by allowing thirty days to pass from the warden’s receipt of a request.
- Although the exhaustion requirement is mandatory, it is nonjurisdictional and may be waived if the Government fails to timely assert it as a defense.
- Failure to exhaust is a threshold requirement that defeats compassionate release motions without requiring courts to address the substantive criteria for relief.
Why It Matters
This decision reinforces that procedural compliance is essential in federal compassionate release practice. Even defendants with potentially meritorious claims of extraordinary circumstances must navigate the administrative process before seeking judicial relief. The case underscores the importance of BOP procedures and the Government’s ability to use procedural defenses strategically; defendants unfamiliar with federal administrative requirements risk losing their opportunity for judicial review entirely.