Opinion

United States v. Escajeda

  • 58 F.4th 184
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 17, 2023
Status
Published
Nature of suit
Non Direct Criminal
Cited by
53 cases
Authority
More cited than 94.9%

explaining that prisoners can seek relief under § 3582(c)(1)(A)(i) only “when they face some extraordinarily severe exigency, not foreseeable at the time of sentencing, and unique to the life of the prisoner.” (citation omitted)

How later courts described this case

  • explaining that prisoners can seek relief under § 3582(c)(1)(A)(i) only “when they face some extraordinarily severe exigency, not foreseeable at the time of sentencing, and unique to the life of the prisoner.” (citation omitted)
  • holding that prisoners can demonstrate “extraordinary and compelling” reasons “only when they face some extraordinarily severe exigency, not foreseeable at the time of sentencing, and unique to the life of the prisoner”
  • holding that “a prisoner cannot use § 3582(c) to challenge the legality or the duration of his sentence” and, instead, must be use the avenues provided in Chapter 153 of Title 28, such as § 2255
  • denying release where the district court’s order stated that the court “consider[ed] the applicable factors provided in 18 U.S.C. § 3553 (a) and the applicable policy statements issued by the Sentencing Commission”

Written by the judges who cited it.

The opinion

Case: 21-50870 Document: 00516613569 Page: 1 Date Filed: 01/17/2023

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

January 17, 2023

No. 21-50870

Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Michael Anthony Escajeda,

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:18-CR-239-1

Before Higginbotham, Jones, and Oldham, Circuit Judges.

Andrew S. Oldham, Circuit Judge:

Michael Escajeda appeals the denial of his motion for compassionate

release under 18 U.S.C. § 3582(c)(1). In doing so, however, Escajeda presses

arguments that must instead be channeled through direct appeal or 28 U.S.C.

§ 2255. We affirm.

I.

In 2018, Michael Escajeda sold drugs to police informants. Police

searched his residence, where they found both cocaine and a gun.

Subsequently, Escajeda pleaded guilty to three drug distribution counts, in

Case: 21-50870 Document: 00516613569 Page: 2 Date Filed: 01/17/2023

No. 21-50870

violation of 21 U.S.C. §§ 841(a) and 846, and to one count of possession of a

firearm by a convicted felon, in violation of 18 U.S.C. § 922(g). In 2019, the

district court gave him a within-Guidelines sentence of 162 months in prison.

We affirmed Escajeda’s conviction and remanded only for correction of a

“scrivener’s error” in his supervised-release term. United States v. Escajeda,

8 F.4th 423, 428 (5th Cir. 2021).

Five days after our decision in Escajeda’s direct appeal, the district

court denied his motion for compassionate release under § 3582(c)(1).

Escajeda again timely appealed. We review the ultimate decision to deny

compassionate release for abuse of discretion. See United States v. Chambliss,

948 F.3d 691, 693 (5th Cir. 2020). “[A] court abuses its discretion if it bases

its decision on an error of law or a clearly erroneous assessment of the

evidence.” Ibid (quotation omitted).

II.

We first consider whether Escajeda filed a cognizable claim under

§ 3582(c)(1). We (A) discuss the relevant statutory scheme. Then we (B)

hold Escajeda’s claims are not cognizable as a matter of law under

§ 3582(c)(1).

A.

The First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018), allows

a prisoner to move for a sentence reduction under certain circumstances. One

such circumstance is when “extraordinary and compelling reasons warrant”

a sentence reduction. See 18 U.S.C. § 3582(c)(1)(A)(i). We often refer to this

as “compassionate release” because courts generally use it for prisoners with

severe medical exigencies or infirmities. See Chambliss, 948 F.3d at 693

(describing § 3582(c)(1)(A)(i) motions as “compassionate release claims”

and suggesting terminal illness may qualify); United States v. Shkambi, 993

2

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No. 21-50870

F.3d 388, 390–92 (5th. Cir. 2021) (detailing the statutory history of

compassionate release).

We understand “extraordinary” to mean “beyond or out of the

common order,” “remarkable,” and synonymous with “singular.”

Extraordinary, Webster’s New International Dictionary 903

(2d. ed. 1934; 1950) (“Webster’s Second”); see also United States v.

Jenkins, 50 F.4th 1185, 1197 (D.C. Cir. 2022) (Katsas, J.) (defining

“extraordinary” as “most unusual,” “far from common,” and “having little

or no precedent” (quotation omitted)). “Compelling” is a participle of

“compel,” which means “to drive or urge with force, or irresistibly,” “to

force,” and “to subjugate.” Compel, Webster’s Second, supra, at 544.

These terms explain why prisoners can seek relief under § 3582(c)(1) only

when they face some extraordinarily severe exigency, not foreseeable at the

time of sentencing, and unique to the life of the prisoner. See Chambliss, 948

F.3d at 693 (discussing terminal illness).

Section 3582(c)(1)’s authorization for compassionate release stands in

contradistinction to other statutes that Congress passed to govern prisoners’

postconviction proceedings. In Chapter 153 of Title 28, Congress provided

specific avenues for post-conviction relief that permit prisoners to challenge

the legality of their confinement in federal court. See, e.g., 28 U.S.C. §§ 2241,

2244, 2254, 2255. The Supreme Court has repeatedly held that by codifying

these specific provisions, Congress required prisoners to bring their legality-

of-custody challenges under Chapter 153 and prohibited prisoners from

bringing such claims under other, more-general statutes like 42 U.S.C.

§ 1983. See, e.g., Preiser v. Rodriguez, 411 U.S. 475, 486 (1973) (noting that

when a prisoner alleges unlawful restraint, “habeas corpus has been accepted

as the specific instrument to obtain release” (emphasis added)); Heck v.

Humphrey, 512 U.S. 477, 481–82 (1994) (holding a prisoner cannot use § 1983

where “establishing the basis for the damages claim necessarily demonstrates

3

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No. 21-50870

the invalidity of the conviction”); Wilkinson v. Dotson, 544 U.S. 74, 81 (2005)

(describing habeas as an “exclusive” remedy for challenging the lawfulness

of imprisonment and indicating that the Supreme Court “has focused on the

need to ensure that state prisoners use only habeas corpus” when they seek

relief from confinement).

Judge Katsas has astutely referred to this as the “habeas-channeling

rule” and held it likewise “forecloses using compassionate release to correct

sentencing errors.” Jenkins, 50 F.4th at 1202. Judge Katsas explained:

The writ of habeas corpus—including section 2255, the habeas

substitute for federal prisoners—traditionally has been

accepted as the specific instrument to obtain release from

unlawful confinement. As a result, an inmate may not rely on a

generally worded statute to attack the lawfulness of his

imprisonment, even if the terms of the statute literally apply.

This includes both direct attacks seeking an injunction

compelling speedier release and indirect attacks seeking a

judicial determination that necessarily implies the

unlawfulness of the [Government]’s custody.

Ibid. (quotation and internal citations omitted). The reason for the habeas-

channeling rule is simple: If a prisoner could avoid the strictures Congress

imposed in Chapter 153 by bringing their release-from-confinement claims

under a different, more general, and more permissive statute, he obviously

would. See Gonzalez v. Crosby, 545 U.S. 524, 531–32 (2005) (noting the

habeas-channeling rule prevents prisoners from “impermissibly

circumvent[ing] the requirement[s]” Congress imposed in Chapter 153); see

also, e.g., 28 U.S.C. § 2244(a) (limiting a prisoner to one habeas petition); id.

§ 2244(d)(1) (imposing a one-year limitation period); id. § 2255 (imposing

various restrictions on postconviction relief for federal prisoners).

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No. 21-50870

B.

Escajeda’s claims are the province of direct appeal or a § 2255 motion,

not a compassionate release motion. Specifically, he argues that his sentence

exceeded the statutory maximum and that he received ineffective assistance

of counsel. These are quintessential arguments for challenging the fact or

duration of a prisoner’s confinement under Chapter 153. Further, Escajeda

admits in his § 3582(c)(1) motion that he moved for compassionate release

because he worried that he could not win relief under § 2255. The habeas-

channeling rule, however, prevents a prisoner from so easily steering around

Chapter 153’s strictures.

We therefore hold that a prisoner cannot use § 3582(c) to challenge

the legality or the duration of his sentence; such arguments can, and hence

must, be raised under Chapter 153. We join several of our sister circuits in

reaching that result. See Jenkins, 50 F.4th at 1202; United States v. King, 40

F.4th 594, 595 (7th Cir. 2022); United States v. Crandall, 25 F.4th 582, 586

(8th Cir. 2022); United States v. Hunter, 12 F.4th 555, 567 (6th Cir. 2021).

Because Escajeda’s claims would have been cognizable under § 2255, they

are not cognizable under § 3582(c).

III.

Even assuming Escajeda raised cognizable arguments in his § 3582(c)

motion, the district court did not abuse its discretion in rejecting them. On

appeal, Escajeda’s principal argument to the contrary is that the district court

committed procedural error by perfunctorily denying his motion in a one-

page order.

We’ve repeatedly held that perfunctory orders justify a discretionary

decision to deny relief under § 3582(c)(1). See United States v. Shorter, 850 F.

App’x 327, 328 (5th Cir. 2021) (per curiam); United States v. White, 2022 WL

1699467, *1 (5th. Cir. 2022) (per curiam); United States v. Franco, 2022 WL

5

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No. 21-50870

1316218, *1 (5th. Cir. 2022) (per curiam); see also Chavez-Meza v. United

States, 138 S. Ct. 1959, 1965–66 (2018) (affirming a district court’s brief

denial of a motion under § 3582(c)(2)); Chambliss, 948 F.3d at 693–94

(affirming where a district court considered the 18 U.S.C. § 3553(a) factors).

In this case, the district court denied Escajeda’s motion for

compassionate release as follows: “After considering the applicable factors

provided in 18 U.S.C. § 3553(a) and the applicable policy statements issued

by the Sentencing Commission, the Court DENIES the Defendant’s

Motion on its merits.” ROA.128. The district court thus considered the

applicable factors and denied relief. It did not need to say more.

Nor did it need to say less. Escajeda’s final argument is that the district

court erred by saying it considered “applicable policy statements issued by

the Sentencing Commission.” True, there are no policy statements

applicable to prisoners’ compassionate-release motions. See Shkambi, 993

F.3d at 392. But the district court did not say that it considered or relied on

an inapplicable policy statement; it just said it considered any applicable ones.

And in any event, even if the district court considered an inapplicable policy

statement, it’s harmless error where the court gave due consideration to the

applicable § 3553(a) factors. See United States v. Coats, 853 F. App’x 941, 942

(5th Cir. 2021) (per curiam).

AFFIRMED.

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No. 21-50870

Patrick E. Higginbotham, Circuit Judge, concurring:

I write separately to emphasize that nothing in this opinion addressing

federal review of a federal case should be read as addressing the respective

roles of § 1983 and habeas review of state convictions. Heck addresses the

respective roles of § 1983 and writs of habeas corpus challenging state court

judgments.1 In that sense, Heck plays a habeas-channeling role—§ 1983 is not

available to attack the legality of sentences of convicting state courts.2 Here,

Heck has no role to play.

1

Heck v. Humphrey, 512 U.S. 477, 480 (1994).

2

Id. at 486–87.

7

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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