Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 RICHARD NAIL, 13 Defendant. 14 15 16 The court has before it a letter dated April 30, 2007 from Christy Nail along with a 17 substantial number of attachments. The clerk shall accept the letter for filing in this case and 18 send copies to all counsel of record. 19 The letter advises that based upon a PET scan performed at Butner, the defendant's 20 Florida physicians recommend a prompt biopsy to determine whether there has been relapse 21 or progression. The letter also advises that Mr. Mathew's request for compassionate release 22 was denied, notwithstanding the concurrence of the United States Attorney. The letter 23 expresses concern about the delay associated with further administrative review. 24 The court's power to modify an imposed term of imprisonment arises from 18 U.S.C. 25 § 3582(c) and Rule 35, Fed. R. Crim. P. 18 U.S.C. § 3582(c)(1)(A) requires a motion of the 26 Director of the Bureau of Prisons as a precondition to judicial action. Since the Director of 27 the Bureau of Prisons is the client of the United States Attorney, and since the United States 28
Case 2:04-cr-00820-FJM Document 321 Filed 05/03/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs.

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CR-04-820-PHX-FJM ORDER

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Attorney does not oppose early release for medical treatment, counsel in this case may wish to seek expedited administrative processing within the Bureau of Prisons in order to get the Director's attention. As a possible alternative to early release, counsel may wish to consider seeking a temporary release by way of an escorted trip. See 28 CFR § 570 subpart D. The Bureau of Prisons provides approved inmates with staff escorted trips for the purpose of receiving medical treatment not otherwise available when such a need arises unexpectedly. At all events, we encourage Mr. Mathew and Ms. Hernandez to consult about this issue and select a plan of action. In addition to counsel of record, the clerk is directed to send a copy of this order to Ms. Christy Nail at the address indicated in her letter. DATED this 2nd day of May, 2007.

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