USA v. Lincoln Moody, No. 17-13756 (11th Cir. 2018)
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The court issued a subsequent related opinion or order on August 15, 2019.
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Case: 17-13756 Date Filed: 07/10/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-13756 Non-Argument Calendar ________________________ D.C. Docket No. 9:05-cr-80121-JIC-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LINCOLN MOODY, aka Rateek Allah, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 10, 2018) Before WILLIAM PRYOR, HULL and JULIE CARNES, Circuit Judges. PER CURIAM: Case: 17-13756 Date Filed: 07/10/2018 Page: 2 of 2 Rateek Allah, formerly known as Lincoln Moody, appeals pro se the denial of his motion for compassionate release. The district court ruled that it “lack[ed] jurisdiction to consider the [m]otion,” and Allah does not challenge that ruling. As the district court explained, a “court may not modify a term of imprisonment once it has been imposed” based on the health of a prisoner unless the request is made “upon motion of the Director of the Bureau of Prisons.” 18 U.S.C. § 3582(c)(1)(A). We affirm, but we remand for the limited purpose of allowing the district court to modify its order to reflect that Allah’s motion is dismissed for lack of jurisdiction. AFFIRMED WITH INSTRUCTIONS TO MODIFY THE JUDGMENT. 2
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