Opinion

Davis v. United States

  • 124 F.4th 980
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 8, 2025
Status
Published
Nature of suit
Prisoner w/ out Counsel
Cited by
2 cases
Authority
More cited than 47.9%

“[T]he authorization of civilian discipline and treatment for military prisoners focuses on how the ‘sentence of confinement’ may be ‘carried into execution.’”

How later courts described this case

  • “[T]he authorization of civilian discipline and treatment for military prisoners focuses on how the ‘sentence of confinement’ may be ‘carried into execution.’”

Written by the judges who cited it.

The opinion

Case: 24-10150 Document: 41-1 Page: 1 Date Filed: 01/08/2025

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

____________

FILED

January 8, 2025

No. 24-10150

____________ Lyle W. Cayce

Clerk

Christian N. Davis,

Petitioner—Appellant,

versus

United States of America,

Respondent—Appellee.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:22-CV-1410

______________________________

Before Jones and Oldham, Circuit Judges, and Hendrix, District

Judge. ∗

James W. Hendrix, District Judge:

This appeal stems from the district court’s dismissal of a motion for

compassionate release. While the Appellant, Christian N. Davis, was in the

Army, a general court-martial convicted him of multiple offenses and

sentenced him to life imprisonment. As is typical with military courts, the

court-martial dissolved after his case. After failing to obtain relief from the

_____________________

∗

District Judge of the Northern District of Texas, sitting by designation.

Case: 24-10150 Document: 41-1 Page: 2 Date Filed: 01/08/2025

No. 24-10150

sentence imposed through clemency or parole, Davis filed a compassionate-

release motion under 18 U.S.C. § 3582 in federal district court. But the

relevant statutes, 18 U.S.C. §§ 3551 and 3582, make clear that Section 3582

does not apply to sentences like Davis’s that are imposed under the Uniform

Code of Military Justice. Moreover, Section 3582 and this Court’s case law

require motions for compassionate release to be filed in the sentencing court.

Given that Section 3582 does not authorize district courts to grant

compassionate release to a military convict, the district court dismissed for

lack of jurisdiction. We AFFIRM.

I

In 1993, a general court-martial found Davis, an active-duty corporal

in the Army, guilty of multiple offenses, including attempted premeditated

murder, conspiracy to commit murder, premeditated murder, arson, and

adultery. The convictions stemmed from Davis’s first, unsuccessful attempt

to kill his wife by setting fire to their mobile home and a later, successful

attempt to kill his then-pregnant wife by shooting her in the head and trying

to mask the murder as a suicide. Davis was dishonorably discharged and

sentenced to life with the possibility of parole. In 2000, while incarcerated at

the United States Disciplinary Barracks at Fort Leavenworth, Kansas, Davis

applied to the Army Prisoner Assignment and Clemency Board for clemency

and reenlistment, but the Board denied his application.

At some point, Davis was transferred to a federal civilian prison and

given a “presumptive parole date” by the United States Parole Commission.

However, the Parole Commission later reopened Davis’s parole case to

consider new adverse information. Ultimately, the Parole Commission

rescinded Davis’s presumptive parole date and reinstated his life sentence

with the possibility of parole. Davis appealed, but the National Appeals

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No. 24-10150

Board denied his appeal. In 2021, the Parole Commission again denied Davis

parole, and the National Appeals Board affirmed.

Having exhausted his administrative remedies, Davis moved for

compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) and,

alternatively, petitioned for habeas relief pursuant to 28 U.S.C. §§ 1651 and

2241 in the district court where he is incarcerated—the Northern District of

Texas. Davis sought compassionate release based on his age and health

conditions, his alleged minimum risk of recidivism, and his rehabilitative

efforts during incarceration. Additionally, Davis asserted that he was

unjustly denied parole.

The assigned magistrate judge concluded that (1) the district court

lacked jurisdiction to consider the compassionate-release motion because

such requests must be filed in the sentencing court, and (2) all claims filed

pursuant to Sections 1651, 2241, and 3582 failed on the merits. Over Davis’s

objections, the district court accepted the magistrate judge’s findings and

conclusions, dismissed without prejudice Davis’s motion for compassionate

release for lack of jurisdiction, and denied his remaining objections as moot.

Furthermore, the district court dismissed with prejudice Davis’s habeas

claims.

Davis appeals only the district court’s determination that it lacked

jurisdiction to consider his compassionate-release motion.

II

We review de novo the district court’s ruling that it lacked subject-

matter jurisdiction. Rothe Dev., Inc. v. U.S. Dep’t of Def., 666 F.3d 336, 338

(5th Cir. 2011). For two reasons, we affirm. First, the statutory language

reveals that Section 3582 relief is unavailable to defendants found guilty

under the Uniform Code of Military Justice (UCMJ). Second, the statute

and this Court’s case law require Section 3582 motions to be brought in the

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No. 24-10150

sentencing court, which did not occur here. Thus, the district court

concluded correctly that it lacked jurisdiction.

The Court begins with the statute’s plain language. Jimenez v.

Quarterman, 555 U.S. 113, 118 (2009) (“As with any question of statutory

interpretation, our analysis begins with the plain language of the statute.”).

And “when the statutory language is plain, we must enforce it according to

its terms.” Id.

Here, Section 3582 addresses the sentencing court’s “[i]mposition of

a sentence of imprisonment.” After detailing the factors a court must

consider “in determining whether to impose a term of imprisonment, and

. . . the length of that term,” the statute specifies when the sentencing court

may later modify a term of imprisonment. 18 U.S.C. § 3582(a), (c). The

general rule is that “[t]he court may not modify a term of imprisonment once

it has been imposed.” 18 U.S.C. § 3582(c). But there are limited exceptions.

Relevant here, “the court . . . may reduce the term of imprisonment . . . after

considering the factors set forth in section 3553(a) to the extent that they are

applicable,” if extraordinary and compelling reasons warrant a reduction,

and the reduction is consistent with the Sentencing Commission’s policy

statements. 18 U.S.C. § 3582(c)(1)(A).

In addition to these limitations on potential sentence reductions, there

is a more fundamental constraint: Section 3582 does not apply to all

prisoners. Section 3582 is included within Chapter 227 of Title 18, which

governs criminal sentencing. Chapter 227’s first section addresses

“[a]uthorized sentences,” and it defines the chapter’s scope. 18 U.S.C.

§ 3551(a). It explains that “[e]xcept as otherwise specifically provided,” a

defendant who is found guilty of an offense described in any federal statute—

“other than . . . the Uniform Code of Military Justice”—shall be sentenced

in accordance with Chapter 227. 18 U.S.C. § 3551(a). The plain text of

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No. 24-10150

Section 3582 does not specifically provide that it is applicable to UCMJ

defendants. Thus, Section 3551 excludes UCMJ defendants from Section

3582’s reach.

At least one military court has reached this conclusion. See In re

Brown, No. 2023-07, 2024 WL 910329, at 6–7 (A.F. Ct. Crim. App. Feb. 29,

2024). The court explained that the plain language of Chapter 227

“categorically excludes offenses punishable under the UCMJ from the

sentencing rules applicable to federal district courts.” Id. at 6. 1

These statutory provisions doomed Davis’s motion from the start. A

general court-martial found him guilty of various offenses under the UCMJ

and imposed a life sentence. He sought relief through the military’s

clemency board and from the Parole Commission, but his attempts

consistently failed. He now seeks to reduce that otherwise-final sentence by

leveraging Section 3582. But Section 3551 specifically excludes UCMJ

convictions from Chapter 227, so Section 3582 does not authorize federal

district courts to modify UCMJ sentences. Thus, the district court

concluded properly that it lacked jurisdiction to consider Davis’s motion.

Moreover, Section 3582’s language makes clear that it is the

sentencing court that must determine whether the limited exceptions are

present to justify a sentence modification. After all, the “court” referenced

in the statute is the court that “determine[ed] whether to impose”

_____________________

1

Prior to Brown, the Air Force Court of Criminal Appeals stated that a federal

district court was the “proper venue” for a UCMJ defendant’s compassionate-release

motion. In re Kawai, No. 2022-02, 2022 WL 1668374 at 3 (A.F. Ct. Crim. App. May 25,

2022). Davis relies on this statement to support his argument. However, in Brown, the

court “revisited the clear statutory language in 18 U.S.C. § 3582(c)(1)” and federal court

opinions, including this Court’s decision in Landazuri v. Hall, 423 F. App’x 475 (5th Cir.

2011), and it concluded that Section 3582 vests jurisdiction over compassionate-release

petitions in the sentencing court. See Brown, 2024 WL 910329, at 8 n.17.

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No. 24-10150

imprisonment and, if so, “determine[ed] the length of the term.” 18 U.S.C.

§ 3582(a). And resolution of a motion to modify a sentence requires the court

to consider the Section 3553(a) factors, which include the “nature of

circumstances of the offense” and the “history and characteristics of the

defendant.” 18 U.S.C. § 3582(c)(1)(A). Consideration of these highly

individualized sentencing factors requires familiarity with the case and access

to its prior sentencing materials.

Given this statutory language, it is unsurprising that this Court’s

precedent requires defendants seeking a Section 3582 sentencing reduction

to file “in the same docket that contains the prisoner’s final judgment.”

United States v. Shkambi, 993 F.3d 388, 390 (5th Cir. 2021). And when

defendants have sought sentencing reductions under Section 3582 from

courts other than the sentencing court, this Court has affirmed the district

court’s dismissal for lack of jurisdiction. Landazuri, 423 F. App’x at 476

(“Because Landazuri did not file this challenge to his sentence in the court

in which he was sentenced, the district court ruled correctly that it lacked

jurisdiction to consider it.”); see also Arellano v. Withers, No. 22-60525, 2023

WL 4311621, at 1 (5th Cir. July 3, 2023) (unpublished).

We reach the same result in this case. A general court-martial

sentenced Davis, but he moved for Section 3582 relief in the district court

where he is currently imprisoned—the Northern District of Texas.

Unquestionably, his motion was not filed in “the same docket that contains

the prisoner’s final judgment.” Shkambi, 993 F.3d at 390. The Northern

District of Texas was not the sentencing court. Thus, as in Landazuri, the

district court concluded properly that it lacked jurisdiction to consider the

motion.

Davis argues that 10 U.S.C. § 858(a) and Bates v. Wilkinson, 267 F.2d

779 (5th Cir. 1959), allow a district court to hear a compassionate-release

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No. 24-10150

motion of a prisoner sentenced by a court-martial but incarcerated in a federal

prison located within the court’s district, especially because the court-martial

that imposed the sentence dissolves after the sentencing. But neither Section

858(a) nor Bates authorizes civilian courts to modify military sentences.

Section 858(a) is a UCMJ sentencing provision stating that “a

sentence of confinement adjudged by a court-martial or other military

tribunal . . . may be carried into execution by confinement in any place of

confinement under the control of any of the armed forces or in any penal or

correctional institution under the control of the United States.” 10 U.S.C.

§ 858(a). The statute provides further that prisoners held in non-military

institutions “are subject to the same discipline and treatment as persons

confined or committed by the courts of the United States.” 10 U.S.C.

§ 858(a). But the authorization of civilian discipline and treatment for

military prisoners focuses on how the “sentence of confinement” may be

“carried into execution.” 10 U.S.C. § 858(a). It does not authorize civilian

courts to modify military sentences. To the contrary, by distinguishing

between “a sentence of confinement adjudged by a court-martial” and

“persons confined or committed by the courts of the United States,” the

statute recognizes the reality that military and civilian courts are distinct

sources of sentencing. That both categories of prisoners may be treated and

disciplined in the same manner post-sentencing does nothing to further

Davis’s argument.

Davis’s reliance on Bates fares no better. There, this Court held that

a military prisoner paroled from a civilian prison on conditional release did

not suffer unconstitutional discrimination even if military prisoners could

receive unconditional releases. 267 F.2d at 780–81. In reaching that

conclusion, this Court explained that when military prisoners are confined in

federal institutions, they “are subject to all laws pertaining to federal

prisoners to the same extent as though the conviction had been by civil court,

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No. 24-10150

even though the system of parole and the computation of credits for ‘good

conduct time’ are harsher or different for prisoners confined in disciplinary

barracks.” Id. at 780. Like Section 858, Bates is about how a civilian prison

may execute a sentence imposed by a military tribunal. Nothing in Bates,

either expressly or impliedly, empowers a civilian court to modify the

underlying military sentence. And even if its language could somehow be

read to support Davis’s contention, Congress passed Section 3551 years after

Bates. And that statute specifically excludes UCMJ sentences from Section

3582’s authorization to modify civilian sentences.

* * *

In sum, the plain language of Sections 3551 and 3582, along with this

Court’s case law, undermine Davis’s argument. When Congress empowered

district courts to modify previously imposed sentences, it chose to exclude

military sentences from that possibility. Moreover, Congress specified that

any modification must be done by the sentencing court. By asking the district

court to modify a military sentence that it did not impose, Davis’s argument

ran afoul of both principles. Thus, the district court concluded properly that

it lacked jurisdiction. We AFFIRM the district court’s judgment.

8

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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