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Date: 07-25-2021
Case Style:
United States of America versus Martin Hernandez, Jr.
Case Number:
Judge:
Court: Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam
Plaintiff's Attorney:
Defendant's Attorney:
Description:
New Orleans, LA - Criminal defense lawyer represented defendant with moving for compassionate release.
Martin Hernandez, Jr, federal prisoner # 61727-280, moved for
compassionate release under 18 U.S.C. § 3582(c)(1)(A). The district court
found that Hernandez failed to exhaust his administrative remedies and
denied the motion on its merits. On appeal, Hernandez argues that the
district court abused its discretion by failing to find extraordinary and
compelling reasons to grant the motion.
The district court found that Hernandez did not exhaust his
administrative remedies before he filed his motion for compassionate release.
The pre-filing administrative exhaustion requirement is not jurisdictional,
but it is a mandatory claim-processing rule. See United States v. Franco, 973
F.3d 465, 467-68 (5th Cir.), cert. denied, 141 S. Ct. 920 (2020). In this case,
the Government raised the exhaustion rule in the district court and submitted
an affidavit from a bureau of prison’s official certifying that the bureau of
prisons had no record of any request for compassionate release from
Hernandez.
Outcome: Accordingly, the district court’s factual finding that Hernandez
did not exhaust his administrative remedies before filing the instant motion
in the district court is plausible when considered in the context of the entire
record. See Barry, 978 F.3d at 217. We affirm on this basis.
Plaintiff's Experts:
Defendant's Experts:
Comments: