Clayton Crowe v. United States
430 F. App'x 484
6th Cir.2011Background
- Crowe is serving a sixty-year federal sentence and has heart and kidney ailments.
- He sought compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) by requesting the BOP to file a motion.
- The BOP denied his request after pursuing administrative remedies.
- Crowe filed a § 2241 petition in district court seeking an order directing the BOP to file a motion.
- The district court held § 2241 lacked jurisdiction and the APA claim lacked merit; the court of appeals AFFIRMS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to compel BOP motion | Crowe seeks district court to order BOP to file a motion. | BOP's filing decision is unreviewable and not subject to court compulsion. | No jurisdiction to compel BOP to file. |
| Reviewability of BOP's non-filing decision | BOP's discretion to refuse filing is subject to review. | BOP decision not to seek release is not reviewable. | BOP's decision not to seek compassionate release is reviewable by courts in this context. |
| Scope of §3582(c)(1)(A)(i) discretion | Broad discretion to grant/deny motion; constitutionality challenged. | BOP has broad discretion without defined limits on what justifies a motion. | BOP has broad discretion; no limits defined by the statute. |
Key Cases Cited
- Fernandez v. United States, 941 F.2d 1488 (11th Cir. 1991) (BOP discretion to seek compassionate release unreviewable)
- Simmons v. Christensen, 894 F.2d 1041 (9th Cir. 1990) (BOP discretion to seek compassionate release unreviewable)
- Turner v. U.S. Parole Comm'n, 810 F.2d 612 (7th Cir. 1987) (same; review of BOP's decision not to seek release barred)
- Engle v. United States, 26 F. App'x 394 (6th Cir. 2001) (district courts lack authority to grant compassionate release sua sponte)