govinfo:USCOURTS-ohsd-2_04-cr-00183-3

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
UNITED STATES OF AMERICA,  
 
Plaintiff, 
 
v.     Case Number 2:04-cr-183 
       Judge Edmund A. Sargus, Jr.  
JEFFREY DAVID MUNNERLYN, 
 
Defendant. 
ORDER 
 
This matter is before the Court on Defendant Jeffrey David Munnerlyn’s Notice of 
Withdrawal of Pleadings Seeking Compassionate Release. (ECF No. 85.) On May 17, 2021, 
Defendant, proceeding pro se , filed a motion seeking compassionate release. (ECF No. 67.) The 
next day, the Court appointed counsel to assist Defendant , who filed a supplemental motion on 
July 8, 2021. (ECF No. 70.) The M otions argued that a sentencing disparity created by the First 
Step Act’s nonretroactivity constituted “ extraordinary and compelling reasons ” to justify 
compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). (ECF Nos. 67, 71.)  
On May 28, 2026, the United States Supreme Court decided in Rutherford v. United States, 
608 U.S.___, 2026 WL 1485535 (2026), that a sentencing disparity stemming from the First Step 
Act’s nonretroactivity i s not an extraordinary or compelling reason to warrant compassionate 
release. As a result, Defendant states that he cannot distinguish his compassionate-release request 
from Rutherford and notifies the Court of his intention to withdraw his Motions. Accordingly, 
(ECF No. 67) Motion for Compassionate Release and (ECF No. 70) First Motion for 
Compassionate Release are DENIED as moot. 
IT IS SO ORDERED. 
6/4/2026      s/Edmund A. Sargus, Jr.    
DATE       EDMUND A. SARGUS, JR. 
       UNITED STATES DISTRICT JUDGE 
Case: 2:04-cr-00183-EAS Doc #: 86 Filed: 06/04/26 Page: 1 of 1  PAGEID #: <pageID>

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