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United States v. Wright

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 2, 2005

UNITED STATES, PLAINTIFF,
v.
JOHN EARL WRIGHT, DEFENDANT

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER RE: DEFENDANT'S LETTER OF APRIL 24, 2005

The Court is in receipt of a letter from defendant, dated April 24, 2005, in which defendant states he is currently serving his federal sentence in the Waupun Correctional Institution in Waupun, Wisconsin and requests that he be transferred to another institution.

The Federal Bureau of Prisons ("BOP") "may direct confinement in any available facility and may transfer a prisoner from one facility to another at any time." See Prows v. Federal Bureau of Prisons, 981 F. 2d 466, 469 n. 3 (10th Cir. 1992). The sentencing judge does not have the authority to order that the BOP place a federal prisoner in a particular place of confinement. See United States v. Serafini, 233 F. 3d 758, 778 n. 23 (3rd Cir. 2000) (holding "a district court has no power to dictate or impose any place of confinement for the imprisonment portion of the sentence").

According, defendant's request for an order that he be transferred to a different institution is hereby DENIED.

IT IS SO ORDERED.

20050502

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