Fisher v. Baker, 203 U.S. 174,181 , 27 S.Ct. 135 , 51 L.Ed. 142 (1906). Fed.R, 601 F.3d 1086. · Go Syfert
Fisher v. Baker, 203 U.S. 174,181 , 27 S.Ct. 135 , 51 L.Ed. 142 (1906). Fed.R, 601 F.3d 1086. Cases Citing This Book View Copy Cite
“the resolution of an 18 u.s.c. 3582 (c) motion for reduction of sentence cannot be challenged under the federal rules of civil procedure because a 3582(c) motion is a criminal proceeding”
20 citation events (20 in the last 25 years) across 8 distinct courts.
Strongest positive: Brown v. United States (tnmd, 2020-11-23)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Brown v. United States
M.D. Tenn. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the resolution of an 18 u.s.c. 3582 (c) motion for reduction of sentence cannot be challenged under the federal rules of civil procedure because a 3582(c) motion is a criminal proceeding
discussed Cited as authority (rule) United States v. Maxton
10th Cir. · 2022 · signal: cf. · confidence medium
App. P. 4(b) applies); cf. also United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010) (holding that a “18 U.S.C. § 3582 motion is a criminal proceeding” and thus is “entirely unlike other 6 Appellate Case: 20-1428 Document: 010110671101 Date Filed: 04/14/2022 Page: 7 forms of post-convictions proceedings, namely habeas corpus proceedings, which are for many purposes considered civil in nature”).
cited Cited as authority (rule) United States v. Romero
10th Cir. · 2019 · confidence medium
United States v. McCalister, 601 F.3d 1086, 1087-88 (10th Cir. 2010).
cited Cited as authority (rule) State v. Lewis
Kan. Ct. App. · 2014 · confidence medium
P. 1(a)(1) (stating that die federal criminal-procedure rules “govern the procedure in all criminal proceedings” in federal courts); United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010).
cited Cited as authority (rule) United States v. Raifsnider
10th Cir. · 2013 · confidence medium
United States v. McCalister, 601 F.3d 1086, 1087-88 (10th Cir.2010).
cited Cited as authority (rule) United States v. Paul Gibson
6th Cir. · 2011 · confidence medium
See, e.g., Mosavi, 138 F.3d at 1366 ; United States v. McCalister, 601 F.3d 1086, 1087-88 (10th Cir. 2010); United States v. Bender, 96 Fed.
cited Cited "see" United States v. Cortez-Diaz
10th Cir. · 2025 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010).
discussed Cited "see" United States v. Fish (2×)
10th Cir. · 2022 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010).
cited Cited "see" United States v. Heath
10th Cir. · 2021 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010). 6 at simply any time.” Id. at 1242.
discussed Cited "see" United States v. Casillas-Corales
10th Cir. · 2016 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir.2010) (“This court has specifically held that a § 3582(c)(2) motion is a continuation of the prior criminal proceeding.” (quotation omitted)).
cited Cited "see" United States v. Jamell Birt
3rd Cir. · 2013 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir.2010); United States v. Goodwyn, 596 F.3d 233 , 235 n. * (4th Cir. 2010); United States v. Fair, 326 F.3d 1317, 1318 (11th Cir.2003).
discussed Cited "see" United States v. Young Moon
6th Cir. · 2013 · signal: see · confidence high
United States v. Gibson, 424 Fed.Appx. 461, 464 (6th Cir. 2011) (“Rule 60(b) does not provide relief from judgment in criminal proceedings”); see United States v. McCalister, 601 F.3d 1086, 1087-88 (10th Cir.2010); see also United States v. Bender, 96 FedAppx. 344, 345 (6th Cir.2004).
discussed Cited "see" State v. Mitchell
Kan. · 2013 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir. 2010) (holding that motion under Rule 60(b) is civil motion not available to defendant challenging his sentence in criminal proceeding).
discussed Cited "see" United States v. Custer
D. Mass. · 2010 · signal: see · confidence high
See United States v. McCalister, 601 F.3d 1086, 1087 (10th Cir.2010); United States v. Goodwyn, 596 F.3d 233 , 235 note (4th Cir.2010); United States v. Byfield, 522 F.3d 400, 402 (D.C.Cir.2008) (per curium); United States v. Benanti, 137 Fed.Appx. 479, 480-81 (3d Cir.2005) (per curium); United States v. Damon, 59 Fed.Appx. 619, 621 (6th Cir.2003); United States v. Fair, 326 F.3d 1317, 1318 (11th Cir.2003) (per curium); United States v. Arrango, 291 F.3d 170, 171-72 (2d Cir. 2002) (per curium); United States v. Alvarez, 210 F.3d 309, 310 (5th Cir.2000) (per curium); United States v. Petty, 82 …
discussed Cited "see, e.g." United States v. Grigsby
10th Cir. · 2021 · signal: see also · confidence medium
We therefore see no conflict between the two cases. 6 (11th Cir. 1998) (explaining that “Rule 60(b) simply does not provide for relief from judgment in a criminal case”); see also United States v. McCalister, 601 F.3d 1086, 1087-88 (10th Cir. 2010) (explaining that the Federal Rules of Civil Procedure apply only in civil proceedings).
Retrieving the full opinion text from the archive…
Fisher
v.
Baker, 203 U.S. 174,181 , 27 S.Ct. 135 , 51 L.Ed. 142 (1906). Fed.R
MURPHY, Circuit Judge.

After examining the parties’ briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determi[*1087] nation of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Michael L. McCalister appeals the district court’s denial of his motion for relief from judgment filed under Federal Rule of Civil Procedure 60(b). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms the district court’s denial of McCalister’s Rule 60(b) motion. In so doing, we make clear that the resolution of an 18 U.S.C. § 3582(c) motion for reduction of sentence cannot be challenged under the Federal Rules of Civil Procedure because a § 3582(c) motion is a criminal proceeding.

After a jury found him guilty of conspiracy to possess with intent to distribute controlled substances, the district court sentenced McCalister to 290 months’ imprisonment. This court affirmed McCalister’s conviction and sentence. United States v. Busby, 16 Fed.Appx. 817, 825-27 (10th Cir.2001). In February 2008, McCalister filed an 18 U.S.C. § 3582(c) motion for reduction of sentence. Concluding he was not legally entitled to a sentence reduction, the district court denied McCalister’s § 3582(e) motion. This court affirmed. United States v. McCalister, 314 Fed.Appx. 110, 112 (10th Cir.2008). Almost one year later, McCalister filed the instant Fed.R.Civ.P. 60(b) motion for relief from judgment. In his Rule 60(b) motion, McCalister asserted the district court’s previous resolution of his § 3582(c) motion was infected with legal error and based on misrepresentations by the government. The district court denied McCalister’s Rule 60(b) motion in a brief order, concluding it “made essentially the same arguments that this Court has rejected on two previous occasions ... and that the Tenth Circuit has rejected ... regarding the effect of Amendment 591 on his sentence.”

A motion under Rule 60(b) “is a civil motion that is not available to an individual challenging his sentence under § 3582(c)(2).” United States v. Fair, 326 F.3d 1317, 1318 (11th Cir.2003); see also United States v. Goodwyn, 596 F.3d 233, 235 n. * (4th Cir.2010) (“Of course, the Federal Rules of Civil Procedure do not apply to motions under § 3582. This is so because § 3582 motions — which seek only to alter terms of imprisonment — are criminal in nature.” (emphasis in original)). This court has specifically held that “a § 3582(c)(2) motion is a continuation of the prior criminal proceeding.” United States v. Espinosa-Talamantes, 319 F.3d 1245, 1246 (10th Cir.2003) (quotation omitted). Every other court to consider the matter has likewise concluded that § 3582(c) proceedings are criminal, rather than civil, in nature. United States v. Byfield, 522 F.3d 400, 402 (D.C.Cir.2008); United States v. Arrango, 291 F.3d 170, 171-72 (2d Cir.2002); United States v. Alvarez, 210 F.3d 309, 310 (5th Cir.2000); United States v. Petty, 82 F.3d 809, 810 (8th Cir.1996); United States v. Ono, 72 F.3d 101, 102-03 (9th Cir.1995). Thus, § 3582(c) motions are entirely unlike other forms of post-convictions proceedings, namely habeas corpus proceedings, which are for many purposes considered civil in nature. See, e.g., Gonzalez v. Crosby, 545 U.S. 524, 529-30, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005); Fisher v. Baker, 203 U.S. 174,181, 27 S.Ct. 135, 51 L.Ed. 142 (1906).

Fed.R.Civ.P. 1 provides that the Federal Rules of Civil Procedure govern “all civil actions” in federal court, while Fed.R.Crim.P. 1 provides that the Federal Rules of Criminal Procedure “govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States.” Compare Fed.R.Civ.P. 1 ivith Fed.R.Crim.P.[*1088] 1(a)(1); see also United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (noting that Fed.R.Civ.P. 1 “unambiguously provides that” the Federal Rules of Civil Procedure only apply in civil proceedings). As noted above, proceedings under § 3582(c) are criminal in nature. Thus, Rule 60(b) is not available to challenge a previous denial of a § 3582(c) motion. Fair, 326 F.3d at 1318; Goodwyn, 596 F.3d at 235 n. *. For that reason alone, the order of the district court denying McCalister’s Rule 60(b) motion is hereby AFFIRMED. All pending motions are hereby DENIED.