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Court filing — No. 4:22-cr-00114 (Dkt. 281)

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   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


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