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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA ) 

 ) 

 v. ) Case No. 2:14-cr-129-JVB-JEM

 ) 

MARY ELGIN ) 

OPINION AND ORDER

 Defendant Mary Elgin requests relief from her sentence, either through reduction 

pursuant to 34 U.S.C. § 3582(c)(1)(A) or modification pursuant to 34 U.S.C. § 60541(g)(1)(B). 

For the reasons below, this Court denies Defendant’s requests.

A. Overview of the Case

On May 8, 2017, Defendant pleaded guilty to charges involving wire fraud and failure to 

file a tax return. (DE 236 at 1.) She received a sentence of twelve months and one day in the 

United States Bureau of Prisons (the “BOP”). Id. at 2. On January 3, 2019, while incarcerated, 

she sent a request for “reduction of [her] sentence pursuant to the First Step Act of 2018” to the 

warden. (DE 275, Ex. B.) The warden responded the following day.

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 (DE 275 at 5.) Over a 

month later, on February 6, Defendant filed the instant motion. Id. She did not appeal the denial 

through the Administrative Remedy Program, 28 C.F.R. § 542.15. 

B. Analysis

 Defendant, who is not represented by an attorney, argues that she is entitled to relief 

under both § 3582 and § 60541. However, Defendant has not exhausted her administrative 

 

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 Defendant did not indicate what the response said. This Court presumes the warden denied her request. 
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remedies as required by § 3582. As for § 60541, this Court does not have the authority to grant 

the requested relief. 

(1) Defendant Has Not Exhausted Her Administrative Remedies 

 An inmate may request a reduced sentence based on “extraordinary and compelling 

reasons.” 34 U.S.C. § 3582(c)(1)(A)(i). Previously, this could only be done through a motion by 

the BOP’s director, but Congress amended the statute to allow inmates to file the motion 

themselves. First Step Act of 2018, 115 P.L. 319, § 603(b)(1). To take advantage of § 3582, an 

inmate can ask the BOP to file the motion on her behalf. 28 C.F.R. § 571.61(a). She could also 

file the motion herself, but only if either (1) the BOP denies her request and Defendant exhausts 

all administrative remedies, or (2) the warden fails to respond within thirty days. 34 U.S.C. § 

3582(c)(1)(A). Here, Defendant concedes that the warden timely responded. (DE 275 at 5.) Thus, 

she may only bring this motion if she exhausted all her administrative remedies. This she had not 

done. 

 The method of exhausting administrative remedies depends on who within the BOP 

denies the inmate’s request for § 3582 relief. A denial by either the BOP’s director or general 

counsel “constitutes a final administrative decision” and would allow the inmate to file a § 3582 

motion herself. 28 C.F.R. § 571.63(d). But if the warden denies the request, the inmate must seek 

relief through the Administrative Remedy Program, 28 C.F.R. § 542.15 (the “Program”). 28 

C.F.R. § 571.63(a). The last step of the Program involves submitting a BP-11 request, a response 

to which constitutes a final administrative decision. BOP Program Statement 5050.50, § 9. See 

also Barnes v. Allred, 482 Fed. Appx. 308, 309 n.2 (10th Cir. 2012) (explaining the steps). 

 Here, Defendant requested § 3582 relief from the warden. (DE 275, Ex. B.) Yet, because 
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the warden responded instead of the director or general counsel, Defendant needed to appeal 

through the Program. 28 C.F.R. § 571.63(a). Because she did not do so, this Court cannot 

entertain her motion at this time. Once she exhausts her administrative remedies, Defendant may 

return to this Court. See United States v. Mills, 2019 U.S. Dist. LEXIS 10954, *10–11 (M.D. 

Fla., Jan. 23, 2019) (“If the BOP . . . makes a final administrative decision denying his request . . 

. [the defendant] may renew his motion with the Court.”)2 

(2) Defendant Must Seek § 60541 Relief from the Attorney General 

 Section 60541 creates a pilot program in which the Attorney General may release certain 

elderly inmates to home detention. 34 U.S.C. § 60541(g)(1)(B). Either the BOP or the inmate 

herself may file such a request with the Attorney General. Id. However, this section, unlike § 

3582, offers no avenue for requesting home detention through the courts. Thus, this Court cannot 

grant § 60541 relief. Cf. United States v. Curry, 2019 U.S. Dist. LEXIS 21158, *5 (E.D. Ky., 

Feb. 8, 2019) (“34 U.S.C. § 60541 only authorizes the Attorney General to modify the method of 

imprisonment. It does not permit the Courts to take such action.”) 

C. Conclusion

Defendant’s motion for § 3582 relief is DENIED without prejudice because she failed to 

exhaust her administrative remedies. Defendant’s motion for § 60541 relief is DENIED because 

this Court has no authority to grant it.

SO ORDERED on May 23, 2019.

 

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 This Court expresses no opinion on whether Defendant established the “extraordinary and compelling reasons” 

necessary to justify § 3582 relief, instead leaving that decision to the BOP in the first instance. 
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 S/ Joseph S. Van Bokkelen 

 JOSEPH S. VAN BOKKELEN

 UNITED STATES DISTRICT JUDGE