Case 4:22-cr-00114-JRH-CLR Document 281 Filed 11/04/24 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA
V. OR 422-114-5
TONY HELDORE
ORDER
On August 10, 2023, the Honorable R. Stan Baker sentenced
Defendant Tony Heldore to imprisonment for 35 months upon his guilty
plea on the lesser included offense of conspiracy to possess with
intent to distribute and to distribute a detectable amount of cocaine
and marihuana. On January 29, 2024, Judge Baker reduced the term of
imprisonment to 28 months based upon Amendment 821 to the United
States Sentencing Guidelines. Recently, the case was reassigned to
the undersigned judge.
On August 16 and September 17, 2024, the Court received two
hand-written letters from Defendant addressed to Judge Baker. The
Clerk of Court docketed the letters as motions for compassionate
release. To be sure, Defendant states that he wishes to be
compassionately released or placed on house arrest because he did not
receive the time credit he expected toward his federal sentence and
because his mother has been very ill. The Government has fully
responded to the "motions."
Upon consideration of Defendant's letters and adopting the
reasons that relief may not be granted as set forth in the
Government's response, the Court hereby DENIES Defendant Heldore's
Case 4:22-cr-00114-JRH-CLR Document 281 Filed 11/04/24 Page 2 of 2
motions for sentence reduction. (Docs. 270 & 276.) Defendant's
motions fall well short of demonstrating an extraordinary and
compelling reason to reduce his sentence under 18 U.S.C. §
3582(c)(1) (A) . Moreover, matters of credit for time served or other
length of sentence determinations are better directed to the
federal Bureau of Prisons ("BOP") and not this Court. Any judicial
challenge to the BOP's decision must be brought under 28 U.S.C. §
2241 and is subject to administrative exhaustion requirements.
See Santiago-Lugo v. Warden, 785 F.3d 467, 475 (11^*^ Cir. 2015)
("The [administrative] exhaustion requirement is still a
requirement, it's just not a jurisdictional one."); Davis v.
Warden, FCC Coleman-USP I, 661 F. App'x 561, 562 (lltn cir. 2016)
(noting that to properly exhaust administrative remedies, a § 2241
petitioner must comply with the BOP's deadlines and procedural
rules) . 1
ORDER ENTERED at Augusta, Georgia, this of November,
2024 .
HONORABD&-d. RANDAL HALL
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
1 For administrative purposes, the Clerk is directed to TERMINATE
the pending motion for leave of absence (doc. 255) filed on June
4, 2024.
2