Quintero
- Beth Freeman
- 5:20-cv-04002
- U.S. District Court · Northern District of California
- 2
In re Sutero Quintero: Judge Freeman explained the case was closed and said compassionate-release requests must go to the sentencing court.
Sutero Quintero, whose action had been closed and whose compassionate-release request could not be considered by this court.
What happened
In re Sutero Quintero involved a federal prisoner who said he had not received several case documents and was confused about the case’s status.
The court explained that it had already closed the case because the petitioner did not file the required form petition and application to proceed without paying the filing fee. It also said a request for compassionate release must be filed in the court that imposed the sentence, not this court, which therefore could not consider it.
Judge Beth Labson Freeman ordered the Clerk to send the petitioner copies of the docket, the documents filed under Docket Nos. 1 through 4, and the order.
The detailed version
- Quintero · No. 5:20-cv-04002
- Beth Freeman
- Aug. 31, 2020
Background
Sutero Quintero, a federal prisoner at FCI Dublin, filed the action without a lawyer. The court had dismissed the action on August 10, 2020, because he did not file a form petition or an application to proceed without paying the filing fee. Judgment was entered that same day.
On August 20, 2020, Quintero sent a letter stating that he had never received Docket Nos. 1 through 4 and expressing confusion about the action’s status. The court also addressed his stated intention to transfer a case from Phoenix, Arizona, so that he could seek compassionate release in this district, which he identified as the district where he was confined.
Court’s Analysis
The court stated that requests for compassionate release under 18 U.S.C. § 3582 must be brought in the sentencing court. The opinion said the sentencing court here appeared to be a district court in Arizona. Because this court was not the sentencing court, it concluded that it had no jurisdiction to consider a compassionate-release request.
Disposition
The court advised Quintero that the matter was closed and that he must file any compassionate-release motion in the sentencing court. It ordered the Clerk to send him a copy of the docket, copies of the documents filed under Docket Nos. 1 through 4, and a copy of the order. Judge Beth Labson Freeman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.