Goodlin v. United States

2009 DNH 117

• Court: District Court, D. New Hampshire
• Decided: August 3, 2009
• Docket: 09-CV-252-SM
• Status: Published

Opinion

Goodlin v. United States 09-CV-252-SM 08/03/09 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Joyce Goodlin, Petitioner

v. Civil No. 09-CV-252-SM Opinion No. 2009 DNH 117 United States of America. Respondent

O R D E R

The petition for sentence relief filed pursuant to 28 U.S.C.

§ 2255 is necessarily denied.

Petitioner argues that full restitution should not have been

ordered as part of her criminal sentence, given her inability to

pay. Applicable statutory provisions, however, require that "the

court shall order restitution to each victim in the full amount

of each victim's losses as determined by the court and without

consideration of the economic circumstances of the defendant."

18 U.S.C. § 36 6 4 (f)(1)(A).

Otherwise, petitioner seeks a "compassionate reduction of

her sentence," but the applicable statute, 18 U.S.C.

§ 3582(c)(1)(A)(I), vests absolute discretion in the Director of

the Bureau of Prisons to seek, or not seek early release of an

inmate for "extraordinary and compelling" reasons. Petitioner

must pursue her request for compassionate release

administratively through the Bureau of Prisons. The petition and the files and records of the case

conclusively show that the petitioner is entitled to no relief

under Section 2255, and the petition is hereby denied. The clerk

shall close the case.

SO ORDERED.

S'reven J/ McAuliffe Chief Judge

August 3, 2 0 09

cc: Joyce Goodlin, pro se