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Home / Opinion Digests / Criminal Law / Court erred by raising First Step exhaustion on its own (access required)

Court erred by raising First Step exhaustion on its own (access required)

Where the district court on its own raised the issue of whether the inmate seeking compassionate release had satisfied the First Step Act’s administrative exhaustion requirement, and then dismissed the motion for failure to exhaust administrative remedies, that was error. The Fourth Circuit recently held the exhaustion requirement was non-jurisdictional and could be waived by ...