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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 08-cr-20497 

v Honorable Thomas L. Ludington 

ROBERT NOEL, 

 

 Defendant. 

__________________________________________/ 

OPINION AND ORDER DENYING WITHOUT PREJUDICE MOTION FOR 

COMPASSIONATE RELEASE 

On September 24, 2008, Noel was indicted on three counts of being a felon in possession 

of a firearm. ECF No. 7. The third count was dismissed on February 23, 2010. ECF No. 109. After 

a jury trial, Noel was convicted on the remaining two counts. ECF No. 136. On July 22, 2010, 

Noel was sentenced to a term of 188 months of imprisonment. 

Defendant has now filed a pro se motion for compassionate release because of the spread 

of COVID-19. ECF No. 246. Due to mailing delays caused by COVID-19, the motion was 

docketed on July 7, 2020, but in accordance with 20-AO-26, the postmark date of April 6, 2020 

was used as the filing date. 

I. 

The United States is facing an unprecedented challenge with the coronavirus pandemic. 

The Governor of Michigan explained that: 

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious 

illness or death. It is caused by a new strain of coronavirus not previously identified 

in humans and easily spread from person to person. Older adults and those with 

chronic health conditions are at particular risk, and there is an increased risk of 

rapid spread of COVID-19 among persons in close proximity to one another. There 

is currently no approved vaccine or antiviral treatment for this disease. 

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Emergency Order 2020-21. 

The Center for Disease Control and Prevention (“CDC”) represents that jails and prisons 

pose an especially high risk for those who are within their walls. See Interim Guidance on Mgmt. 

of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, Ctr. for 

Disease Control, at 2 (Mar. 23, 2020), available at https://www.cdc.gov/coronavirus/2019-

ncov/downloads/guidance-correctional-detention.pdf.1 It further explains that “[t]here are many 

opportunities for COVID-19 to be introduced into a correctional or detention facility, including 

daily staff ingress and egress; transfer of incarcerated/detained persons between facilities and 

systems, to court appearances, and to outside medical visits; and visits from family, legal 

representatives, and other community members.” CDC, Guidance for Correctional & Detention 

Facilities, https://www.cdc.gov/coronavirus/2019-ncov/community/correctiondetention/guidance-correctional-detention.html (last visited June 12, 2020). 

II. 

 Defendant appears to seek a reduction of his sentence pursuant to 18 U.S.C. §3582(c)(1)(A) 

(commonly referred to as compassionate release). The statute provides: 

The court may not modify a term of imprisonment once it has been imposed 

except...upon motion of the Director of the Bureau of Prisons, or upon motion of 

the defendant 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, may reduce the term of imprisonment... 

if it finds that...extraordinary and compelling reasons warrant such a reduction... 

18 U.S.C. §3582(c)(1)(A)(i). 

1

 Ltr. from Sen. Richard J. Durbin et al. to Att’y Gen. William P. Barr et al., at 1(Mar. 23, 2020), available at 

https://www.durbin.senate.gov/imo/media/doc/Letter.%20to%20DOJ%20and%20BOP%20on%20COVID19%20and%20FSA%20provisions%20-%20final%20bipartisan%20text%20with%20signature%20blocks.pdf 

(“Conditions of confinement do not afford individuals the opportunity to take proactive steps to protect themselves, 

and prisons often create the ideal environment for the transmission of contagious disease.”). 

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As explained in the statute, before a court may consider an inmate’s request for a reduced 

sentence under 18 U.S.C. § 3582, the inmate must first exhaust their administrative remedies with 

the Bureau of Prisons or wait 30 days after making such a request. The Sixth Circuit has explained 

that: 

By creating a compassionate-release option in the First Step Act, Congress gave 

inmates an option to seek early release on health grounds. The seriousness of 

COVID-19 and its spread in many prisons make it all the more imperative that the 

prisons have authority to process these applications fairly and with due regard for 

the seriousness of each inmate’s risk. Free-floating exceptions to the rule, available 

to anyone willing to go to federal court first, will not help that cause. 

United States v. Alam, 2020 WL 2845694, at *4 (6th Cir. June 2, 2020). 

In his motion for compassionate release, Defendant does not explain whether he has 

exhausted his administrative remedies. While the Court is aware of the time sensitive nature of 

Defendant’s request, the Sixth Circuit has clearly stated that Defendants must first seek release 

from the Bureau of Prisons rather than come directly to the courts. Defendant’s motion for 

compassionate release will be denied without prejudice due to his failure to exhaust his 

administrative remedies with the BOP. 

III. 

 Accordingly, it is ORDERED that Defendant’s motion for compassionate release, ECF 

No. 246, is DENIED WITHOUT PREJUDICE. 

Dated: July 20, 2020 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

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PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney of record herein by electronic means and to Robert 

Noel #42345-039, LORETTO Division III FEDERAL 

CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 

1000, LORETTO, PA 15940 by first class U.S. mail on July 20, 2020. 

 s/Kelly Winslow 

 KELLY WINSLOW, Case Manager 

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