USA v. Kevin Lorenz Taylor, No. 20-12934 (11th Cir. 2021)

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USCA11 Case: 20-12934 Date Filed: 04/01/2021 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-12934 Non-Argument Calendar ________________________ D.C. Docket No. 5:15-cr-00003-LAG-CHW-13 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEVIN LORENZ TAYLOR, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (April 1, 2021) Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and LUCK, Circuit Judges. PER CURIAM: USCA11 Case: 20-12934 Date Filed: 04/01/2021 Page: 2 of 2 Kevin Lorenz Taylor, a federal prisoner, appeals pro se the denial of his motion for compassionate release. 18 U.S.C. § 3582(c)(1)(A). The district court denied Taylor’s motion “without prejudice because [he] ha[d] neither exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on [his] behalf; nor [had] 30 days lapsed since the receipt of such a request by the Warden” of Yazoo City Low FCI. See id. § 3582(c)(1)(A)(i). But Taylor attached to his motion a request for compassionate release that he submitted to the Warden on February 27, 2020. The government concedes that Taylor exhausted his administrative remedies by filing his request more than 30 days before he filed his motion in the district court. See id. And while Taylor’s appeal was pending, we held in United States v. Harris, No. 20-12023, slip op. at 5 (11th Cir. Mar. 2, 2021), that “[s]ection 3582(c)(1)(A)’s exhaustion requirement is not jurisdictional[.]” Because the district court could entertain Taylor’s motion, we vacate the order that denied Taylor’s motion for failure to exhaust and remand for further proceedings. VACATED AND REMANDED. 2

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