UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 24-6634

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ASTON EARL MCCREA,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at 

Roanoke. Michael F. Urbanski, Senior District Judge. (7:11-cr-00089-MFU-1)

Submitted: August 22, 2024 Decided: August 27, 2024

Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.

Affirmed and remanded by unpublished per curiam opinion.

Aston Earl McCrea, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Aston Earl McCrea appeals the district court’s order denying his motion for a 

sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendment 782 to the Sentencing 

Guidelines, his motion to grant that motion, and his motion for verification. We conclude 

that the district court correctly determined that McCrea is ineligible for relief under 

Amendment 782, which reduced by two the offense levels assigned to drug quantities, 

because his Guidelines range was based on his status as a career offender, not on the drug 

quantities attributable to him. See United States v. Spruhan, 989 F.3d 266, 269 

(4th Cir. 2021) (stating standard). Accordingly, we affirm the district court’s order. United 

States v. McCrea, No. 7:11-cr-00089-MFU-1 (W.D. Va. June 6, 2024).

After reviewing the record, however, we have discovered a procedural irregularity 

that warrants remand to the district court for further proceedings. In his initial motion, 

McCrea sought relief under § 3582(c)(2) and Amendment 782, and the motion was 

docketed as such. However, in its order directing the Federal Public Defender (FPD) and 

the Government to respond, the court construed this motion as a motion for compassionate 

release under 18 U.S.C. § 3582(c)(1)(A), stating that McCrea had argued that he would no 

longer be deemed a career offender if sentenced today. The FPD responded that McCrea 

was ineligible for relief under Amendment 782 because he was sentenced as a career 

offender. The Government agreed that McCrea was ineligible for relief under 

Amendment 782 but labeled its submission as a response to McCrea’s motion for 

compassionate release. And then, in his reply, McCrea argued for the first time that he 

would not be deemed a career offender if sentenced today and that this qualified as an 

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extraordinary and compelling reason for his early release under § 3582(c)(1)(A), as did the 

Bureau of Prisons’ alleged failure to apply certain credits to his sentence. The court then 

entered its order denying McCrea’s motion for a sentence reduction under § 3582(c)(2) and 

Amendment 782. Before noting his appeal, McCrea submitted an exhibit to demonstrate 

that he had exhausted his administrative remedies by requesting compassionate release 

from the Warden on the same grounds identified in his reply. Finally, along with his notice 

of appeal, McCrea moved for reconsideration, explaining that he had filed a motion for a 

sentence reduction under § 3582(c)(2) and a motion for compassionate release under 

§ 3582(c)(1)(A).

Due to this procedural confusion, the district court did not consider McCrea’s 

arguments for compassionate release. Accordingly, we construe McCrea’s “reply” as a 

motion for compassionate release and remand to the district court for further proceedings 

on that motion. We dispense with oral argument because the facts and legal contentions 

are adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED AND REMANDED

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