Gregory Crosby was convicted of attempting to rob a bank and conveying false information about a bomb threat, resulting in a 262-month prison sentence. After serving time, Crosby filed multiple motions to reduce his sentence under 18 U.S.C. § 3582(c)(1)(A), citing his age and rehabilitation. The district court previously denied two such motions, and the Tenth Circuit affirmed those denials. In this third motion, Crosby sought both an early release and a transfer to a residential re-entry facility under 18 U.S.C. § 3624(c)(1). The district court denied the motion, ruling that Crosby had not exhausted his administrative remedies with the Bureau of Prisons and that the court lacked the jurisdiction to order the transfer. Crosby appealed, arguing the district court abused its discretion, but the Tenth Circuit reviewed the appeal based on the record and briefs without oral argument.
The Tenth Circuit affirmed the district court's denial primarily on the grounds of procedural failure regarding exhaustion. Under 18 U.S.C. § 3582(c)(1)(A), a defendant must fully exhaust all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion, or wait 30 days from the receipt of a request by the warden, before a court may consider a compassionate release motion. The court noted that while Crosby submitted documents showing exhaustion for a prior motion, he did not argue that these documents applied to this third motion. Furthermore, Crosby's brief merely stated that 'all appeals have been exhaust[ed]' without explaining how he satisfied the statutory requirements for this specific motion. The court emphasized that pro se litigants, while entitled to liberal construction, must still follow procedural rules and explain why the lower court erred. Regarding the transfer to a residential re-entry facility, the court held that the district court lacked jurisdiction to order such a transfer under 18 U.S.C. § 3624(c)(1). The court did not need to address the district court's alternative reasoning that Crosby failed to show 'extraordinary and compelling reasons' because the exhaustion and jurisdictional defects were sufficient to affirm the denial.
Crosby's sentence remains unchanged, and he must continue serving his term in prison. The decision reinforces the strict exhaustion requirements for compassionate release motions in the Tenth Circuit and clarifies that district courts do not have jurisdiction to order transfers to residential re-entry facilities under the cited statute. It also serves as a reminder that pro se appellants must clearly articulate their legal arguments to overcome procedural defaults.
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