UNITED STATES v. MOODY (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Lincoln MOODY, aka Rateek Allah, Defendant-Appellant.

No. 17-13756

Decided: July 10, 2018

Before WILLIAM PRYOR, HULL and JULIE CARNES, Circuit Judges.

Andrea G. Hoffman, Nicole D. Mariani, Emily M. Smachetti, U.S. Attorney Service—Southern District of Florida, U.S. Attorney Service—SFL, Miami, FL, for Plaintiff-Appellee Lincoln Moody, Pro Se

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.

PER CURIAM:

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