Order Denying Motion for Compassionate Release — United States v. Mandy Ellen Bauer (W.D. Ky. No. 1:22-cr-00004)

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U.S. District Court for the Western District of Kentucky · No. 1:22-cr-00004-GNS · Doc. 28 · 2022-11-02 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY  
BOWLING GREEN DIVISION 
 
UNITED STATES OF AMERICA 
PLAINTIFF 
 
 
 
 
 
v. 
 
 
 
 
 
         CRIMINAL ACTION NO. 1:22-CR-4-GNS 
 
 
 
 
 
 
 
MANDY ELLEN BAUER 
DEFENDANT 
 
MEMORANDUM AND ORDER 
This matter is before the Court upon a letter filed by Defendant Mandy Ellen Bauer, which 
the Court construes as a motion, in which she requests “compassionate release” (DN 27).  
Defendant indicates that she has had “a steady job in the kitchen” and “has taken and completed 
19 Programs and Education Classes, earning myself many FSA credits, certificates and Good 
Time.”  Defendant further states that her incarceration is causing hardship for her husband and 
son.  She asks for “compassionate release so that I can go home and do my part in taking care of 
my family.” 
Under 18 U.S.C. § 3582(c), as amended by the First Step Act, a defendant may make a 
direct request to the Court for compassionate release “after the defendant has fully exhausted all 
administrative rights to appeal a failure of the Bureau of Prisons [(BOP)] 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[.]”  18 U.S.C. § 3582(c)(1)(A)(i).  The requirement in       
§ 3582(c)(1)(A) is “mandatory” and is not subject to any “judge-made exceptions.”  United States 
v. Alam, 960 F.3d 831, 834 (6th Cir. 2020) (approving denial without prejudice where defendant 
did not meet the statutory requirements of § 3582(c)(1)(A) before filing a motion for 
compassionate release). 
Case 1:22-cr-00004-GNS     Document 28     Filed 11/02/22     Page 1 of 2 PageID #: 162

2
Because Defendant gives no indication that she complied with the exhaustion requirements 
of § 3582(c)(1)(A) before filing the motion for compassionate release, IT IS HEREBY 
ORDERED that the motion (DN 27) is DENIED without prejudice.  Defendant may refile her 
motion after she complies with the statute’s exhaustion requirements. 
Date:
cc: 
Defendant, pro se
U.S. Attorney
4416.011
November 2, 2022
Case 1:22-cr-00004-GNS     Document 28     Filed 11/02/22     Page 2 of 2 PageID #: 163

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