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United States v. Semon

United States District Court, E.D. Tennessee, Knoxville

October 15, 2014

UNITED STATES OF AMERICA,
v.
DAVID CLARK SEMON

MEMORANDUM AND ORDER

PAMELA L. REEVES, District Judge.

This matter is before the court on the defendant's pro se motion for transfer to a prison facility in Birmingham, Alabama [R. 45]. Defendant pled guilty to possession of an unregistered firearm [R. 16], and was sentenced to 110 months imprisonment, followed by three years of supervised release [R. 24].

The Bureau of Prisons has the express authority to designate the place of a prisoner's confinement. 18 U.S.C. ยง 3621(b); Devonshire v. Holder, 2013 WL 460532 at *2 (E.D. Ky. Feb. 6, 2013). Moreover, it is well-settled that federal prisoners have no constitutional right to be confined in, or transferred to, a particular facility. Id., see also McKune v. Live, 536 U.S. 24, 39 (2002); Olim v. Wakinekona, 461 U.S. 238 (1983); Meachum v. Fano, 427 U.S. 215 (1976). Therefore, the court finds that it is without authority to order the transfer of defendant to a facility in Birmingham, Alabama. Accordingly, defendant's motion for transfer [R. 45] is DENIED.

IT IS SO ORDERED.


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