United States v. Avochon T. Postell

U.S. Court of Appeals for the Eleventh Circuit

United States v. Avochon T. Postell

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 11-10646

OCTOBER 3, 2011

Non-Argument Calendar

JOHN LEY

________________________ CLERK

D.C. Docket No. 9:04-cr-80104-WPD-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,

versus AVOCHON T. POSTELL, llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

________________________

(October 3, 2011) Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges. PER CURIAM:

Avochon Postell, the appellant, is serving a sentence for bank robbery that was imposed by the district court on November 19, 2004. On December 14, 2010, he sent the district court a letter, which the court treated as a motion for drug treatment while incarcerated. The court denied the motion, and Postell, proceeding pro se, now appeals.

The authority to grant Postell’s request lies with the Federal Bureau of Prisons, not the district court. 8 U.S.C. 3621(b),(e); Cook v. Wiley, 208 F.3d 1314 (11th Cir. 2000). The court’s decision denying relief is therefore

Affirmed.

2

Reference

Status
Unpublished