A federal judge has denied B.G.’s motion for an early release on technical grounds, but left the door wide open for him to seek other legal avenues to get out of prison.
In a decision issued Friday, U.S. District Judge Susie Morgan wrote that she lacks the authority to grant a compassionate release to B.G., simply because he did not petition the Bureau of Prisons for early release before filing legal motions. Under federal law, an inmate can seek compassionate release only after the federal prison denies it first.
“Because the Court cannot consider Dorsey’s request for compassionate release until he has complied with the exhaustion requirements (under federal law), the Court must deny the instant motion without prejudice,” Morgan wrote in her order.
B.G. filed a motion for compassionate release last November. He is serving a 14-year federal prison term in connection with a gun possession and witness tampering case. His current release date is scheduled for May 2024.
B.G.’s attorneys argued that the 39-year-old “has a host of health problems and is being held in a virus prone environment at the United States Penitentiary in Atlanta, Georgia” and that he “faces significant risks and perhaps even death” if not freed.
They asked the court to at least release him to house arrest if a judge didn’t want to free him outright, and argued B.G. should have received a lesser sentence because of his willingness to plead guilty. Federal prosecutors opposed the motion.
According to an inmate search on the Bureau of Prison’s website, B.G. has since been transferred and is now incarcerated at USP Big Sandy, in Kentucky.
Written by: Nate Gartrell