The following excerpt is from United States v. Saladino, 20-1563 (2nd Cir. 2021):
Other district courts, however, have held that the statute's 30-day waiting period authorizes the inmate's filing a motion regardless of whether the warden responds to the inmate's request for compassionate release. Under this view, an inmate must "either ... exhaust administrative remedies or simply ... wait 30 days after serving his petition on the warden of his facility before filing a motion in court." United States v. Haney, 454 F.Supp.3d 316, 321 (S.D.N.Y. 2020).
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