United States v. Garrett, No. 20-61083 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the district court's second denial of plaintiff's motion for compassionate release based on failure to exhaust administrative remedies. In this case, the district court's initial denial was correct where plaintiff had failed to exhaust because the requisite 30-day period has not yet lapsed; only after that initial denial did he satisfy the exhaustion requirement; and instead of filing a new motion upon exhaustion, he filed a motion for reconsideration. The court concluded that plaintiff could not cure his exhaustion defect after the district court's initial denial and then rely on that cured defect as a justification for reconsideration. The court explained that an intervening change in circumstance—such as exhausting previously unexhausted administrative remedies—is not a proper basis for a motion for reconsideration.