1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-cr-20780 

 Hon. Matthew F. Leitman 

v. 

CURTIS SCOTT, 

 Defendant. 

________________________________________________________________/ 

ORDER (1) DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION 

FOR COMPASSIONATE RELEASE (ECF No. 638) AND 

 (2) GRANTING LEAVE TO RE-FILE MOTION 

 Defendant Curtis Scott is currently serving a term of imprisonment arising out 

of his convictions in this Court of carjacking, discharging a gun during and in 

relation to a crime of violence, and lying to federal agents. On July 1, 2020, Scott 

filed a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (See 

Mot., ECF No. 638.) But Scott has not provided the Court enough information to 

rule on his request. 

 First, under Section 3582(c)(1)(A), a defendant may not file a motion for 

compassionate release until “after the defendant has fully exhausted all 

administrative rights to appeal a failure of the Bureau of Prisons to bring a motion 

on the defendant’s behalf or the lapse of 30 days from the receipt of such a request 

by the warden of the defendant’s facility, whichever is earlier.” § 3582(c)(1)(A). 

Case 2:14-cr-20780-MFL-DRG ECF No. 645 filed 08/05/20 PageID.6088 Page 1 of 5
2 

This exhaustion requirement is “mandatory” and is not subject to any “judge-made 

exceptions.” United States v. Alam, 960 F.3d 831, 833–36 (6th Cir. 2020). Scott has 

not provided the Court any evidence that he has satisfied this exhaustion 

requirement, and the Government asserts that “[t]he Bureau of Prisons has no record 

of a request from Scott for compassionate release.” (Gvt. Resp. Br., ECF No. 644, 

PageID.6086.)

Second, a Court may only grant compassionate release “after considering the 

factors set forth in section 3553(a) to the extent that they are applicable” and if 

“extraordinary and compelling reasons warrant such a reduction.” 18 U.S.C. 

§ 3582(c)(1)(A). Courts determine whether extraordinary and compelling reasons 

warrant compassionate release by looking to Section 1B1.13 of the Sentencing 

Guidelines. See United States v. Dorsey, No. 15-20336, 2020 WL 3819123, at ** 1–

2 (E.D. Mich. July 8, 2020). The comment to that section identifies the reasons for 

release that may rise to the level of “extraordinary and compelling”: 

1. Extraordinary and Compelling Reasons.— 

Provided the defendant meets the requirements of 

subdivision (2), extraordinary and compelling 

reasons exist under any of the circumstances set 

forth below: 

(A) Medical Condition of the Defendant.— 

(i) The defendant is suffering from a 

terminal illness (i.e., a serious and 

advanced illness with an end of life 

trajectory). A specific prognosis of 

Case 2:14-cr-20780-MFL-DRG ECF No. 645 filed 08/05/20 PageID.6089 Page 2 of 5
3 

life expectancy (i.e., a probability of 

death within a specific time period) is 

not required. Examples include 

metastatic solid-tumor cancer, 

amyotrophic lateral sclerosis (ALS), 

end-stage organ disease, and 

advanced dementia. 

(ii) The defendant is— 

(I) suffering from a serious 

physical or medical 

condition, 

(II) suffering from a serious 

functional or cognitive 

impairment, or 

(III) experiencing deteriorating 

physical or mental health 

because of the aging process, 

that substantially diminishes the ability 

of the defendant to provide self-care 

within the environment of a 

correctional facility and from which he 

or she is not expected to recover. 

(B) Age of the Defendant.—The defendant (i) is 

at least 65 years old; (ii) is experiencing a 

serious deterioration in physical or mental 

health because of the aging process; and 

(iii) has served at least 10 years or 75 

percent of his or her term of imprisonment, 

whichever is less. 

Case 2:14-cr-20780-MFL-DRG ECF No. 645 filed 08/05/20 PageID.6090 Page 3 of 5
4 

(C) Family Circumstances. 

(i) The death or incapacitation of the 

caregiver of the defendant’s minor 

child or minor children. 

(ii) The incapacitation of the defendant’s 

spouse or registered partner when the 

defendant would be the only available 

caregiver for the spouse or registered 

partner. 

(D) Other Reasons.—As determined by the 

Director of the Bureau of Prisons, there 

exists in the defendant’s case an 

extraordinary and compelling reason other 

than, or in combination with, the reasons 

described in subdivisions (A) through (C). 

U.S.S.G. § 1B1.13. 

Scott’s motion and supplemental filings provide some information about his 

positive institutional history, medical history, and family circumstances. (See ECF 

Nos. 638, 641, 642.) But this information is insufficient to determine whether, under 

Section 1B1.13 of the Sentencing Guidelines, there are extraordinary and compelling 

reasons that warrant his release. Moreover, the Court would benefit from Scott 

specifically addressing how compassionate release is consistent with the factors set 

forth in 18 U.S.C. § 3553(a). 

Accordingly, the Court DENIES WITHOUT PREJUDICE Scott’s Motion 

for Release from Custody (ECF No. 638). The Court will, however, GRANT Scott 

leave to re-file his motion if/when he exhausts his administrative remedies as 

Case 2:14-cr-20780-MFL-DRG ECF No. 645 filed 08/05/20 PageID.6091 Page 4 of 5
5 

described above. In any re-filed motion, the Court directs Scott to to (a) inform the 

Court whether he has exhausted his administrative remedies or whether 30 days have 

lapsed since the warden at his facility received his request for compassionate release 

and (b) otherwise explain why he believes compassionate release is appropriate 

under 18 U.S.C. § 3553(a) and U.S.S.G. § 1B1.13. 

 IT IS SO ORDERED.

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: August 5, 2020 

I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on August 5, 2020, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9761 

Case 2:14-cr-20780-MFL-DRG ECF No. 645 filed 08/05/20 PageID.6092 Page 5 of 5