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Crowe v. U.S.

United States Court of Appeals, Sixth Circuit
Jul 18, 2011
430 F. App'x 484 (6th Cir. 2011)

Summary

holding the statute does not “define-or place any limits on-what ‘extraordinary and compelling reasons' might warrant such a reduction”

Summary of this case from United States v. Garcia-Hernandez

Opinion

No. 09-6508.

July 18, 2011.

Appeal from the United District Court for the Eastern District of Kentucky.

BEFORE: SUTTON and WHITE, Circuit Judges; and STAFFORD, District Judge.

The Honorable William H. Stafford, Jr., Senior United States District Judge for the Northern District of Florida, sitting by designation.


The petitioner-appellant, Clayton Crowe, appeals from the district court's judgment denying his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. We AFFIRM.

Crowe is currently serving a sixty-year sentence in federal prison. Because he suffers from heart and kidney ailments, Crowe asked the Director of the Bureau of Prisons ("BOP") to file a motion in federal court seeking a compassionate release as permitted under 18 U.S.C. § 3582(c)(1)(A)(i). The BOP denied his request. After pursuing administrative remedies without success, Crowe filed a petition — styled as a § 2241 petition — in the district court, seeking an order requiring the BOP to file a motion for compassionate release with the sentencing court in North Carolina. The district court correctly determined that § 2241 does not provide subject matter jurisdiction over Crowe's petition. The district court also correctly determined that, even if viewed as a request for review of agency action under the Administrative Procedure Act, 5 U.S.C. § 701-706, Crowe's petition lacks merit because federal courts have no authority to review or countermand the BOP's decision not to seek a compassionate release for an inmate. Crowe filed a timely appeal to this court.

The BOP has the authority to seek a modification of a prisoner's sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), which provides that a federal court "may not modify a term of imprisonment once it has been imposed except that . . . in any case . . . the court, upon motion of the Director of the [BOP], may reduce the term of imprisonment . . . if it finds that . . . extraordinary and compelling reasons warrant such a reduction." Id. (emphasis added). The statute places no limits on the BOP's authority to seek or not seek a sentence reduction on behalf of a prisoner, nor does it define — or place any limits on — what "extraordinary and compelling reasons" might warrant such a reduction. The BOP, in other words, has broad discretion in its decision to move the court for a sentence modification under § 3582(c)(1)(A)(i).

Crowe argues, on various grounds, that the breadth of discretion granted to the BOP by § 3582(c)(1)(A)(i) is unconstitutional. Crowe's arguments in this regard are frivolous and we decline to address them.

Based on this broad grant of discretion, a number of courts have determined that the BOP's decision regarding whether or not to file a motion for compassionate release is judicially unreviewable. See Fernandez v. United States, 941 F.2d 1488, 1493 (11th Cir. 1991) (holding that the BOP's decision whether to seek a compassionate release under the predecessor to § 3582(c)(1)(A)(i) was unreviewable); Simmons v. Christensen, 894 F.2d 1041, 1043 (9th Cir. 1990) (same); Turner v. U.S. Parole Comm'n, 810 F.2d 612, 615 (7th Cir. 1987) (same); Crawford v. Woodring, No. CV 08-362-GW, 2009 WL 6575082, at *6 (C.D.Cal. Dec. 11, 2009) (dismissing as unreviewable prisoner's § 2241 request for an order directing the BOP to move for early release under § 3582(c)(1)(A)(i)); Gutierrez v. Anderson, No. 06-1714, 2006 WL 3086892, at *4 (D.Minn. Oct. 30, 2006) (same); see also Engle v. United States, 26 Fed.Appx. 394, 397 (6th Cir. 2001) (holding that the district courts lack "jurisdiction to sua sponte grant compassionate release" and that "[a] district, court may not modify a defendant's federal sentence based on the defendant's ill health, except upon a motion from the Director of the Bureau of Prisons"). Consistent with these decisions, we hold that a federal court lacks authority to review a decision by the BOP to not seek a compassionate release for an inmate under § 3582(c)(1)(A)(i).

The judgment of the district court denying Crowe's petition for writ of habeas corpus is AFFIRMED.


Summaries of

Crowe v. U.S.

United States Court of Appeals, Sixth Circuit
Jul 18, 2011
430 F. App'x 484 (6th Cir. 2011)

holding the statute does not “define-or place any limits on-what ‘extraordinary and compelling reasons' might warrant such a reduction”

Summary of this case from United States v. Garcia-Hernandez

holding the statute does not "define—or place any limits on—what 'extraordinary and compelling reasons' might warrant such a reduction"

Summary of this case from United States v. Morrison

holding that the BOP has "broad discretion in its decision to move the court for a sentence modification under § 3582(c)" and federal courts have no "authority to review or countermand" the BOP's decision

Summary of this case from United States v. Gupta

holding that a "federal court lacks authority to review a decision by the BOP to not seek a compassionate release for an inmate under § 3582(c)"

Summary of this case from Burrell v. United States

holding that a federal court lacks authority to review a decision by the BOP to not seek a compassionate release for an inmate under § 3582(c)

Summary of this case from Espinoza v. Maye

holding that "a federal court lacks authority to review a decision by the [Director of the Bureau of Prisons] to not seek a compassionate release for an inmate" given the "broad grant of discretion" § 3582(c) confers upon the Director

Summary of this case from Fox v. Warden Ross Corr. Inst.

affirming the denial of a § 2241 habeas petition because "federal courts have no authority to review or countermand the BOP's decision not to seek a compassionate release for an inmate."

Summary of this case from Clark v. Upton

collecting precedential decisions

Summary of this case from Hendricks v. President United States

explaining that the Director of the Bureau of Prisons has broad discretion when deciding whether to file a motion

Summary of this case from United States v. Lacey
Case details for

Crowe v. U.S.

Case Details

Full title:Clayton P. CROWE, Petitioner-Appellant, v. UNITED STATES of america…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jul 18, 2011

Citations

430 F. App'x 484 (6th Cir. 2011)

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