Blanchard

Background

Selena Blanchard, identified as a federal prisoner at the Federal Correctional Institution in Dublin, filed a letter that the court construed as an attempt to bring a federal custody petition. After receiving the filing fee, the court gave her another opportunity to submit a proper petition. She then filed another letter and a form petition, which the court treated as arising under 28 U.S.C. § 2241.

According to the filings, Blanchard was sentenced in the Middle District of Florida, Tampa Division, in 2013 to “192 months/5 years supervision.” During 2020, she sought appointment of counsel in that court to help pursue compassionate release under 18 U.S.C. § 3582. The Middle District of Florida denied that request because she had not actually filed a sentence-reduction motion. Blanchard also asked the warden at FCI Dublin for compassionate release because she was concerned about contracting COVID-19, but the warden denied the request.

Court’s Analysis

The court explained that a request for compassionate release under § 3582 must be addressed to the sentencing court. It concluded that a district court cannot reduce a federal prisoner’s sentence under § 3582 through a petition under § 2241 when that district court was not the sentencing court. Because Blanchard was sentenced in the Middle District of Florida, the Northern District of California lacked jurisdiction to hear her compassionate-release request.

Disposition

The court transferred the federal custody action to the United States District Court for the Middle District of Florida, Tampa Division, under 28 U.S.C. § 1406(a), in the interest of justice. It directed the Clerk to terminate all pending motions and transfer the entire file. The order did not decide whether Blanchard was entitled to compassionate release.