U.S. v. WATTY, 2:03-cr-00106-MR-DLH-1. (2015)
Court: District Court, W.D. North Carolina
Number: infdco20150323970
Visitors: 17
Filed: Mar. 20, 2015
Latest Update: Mar. 20, 2015
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion for Temporary Release [Doc. 58] and the Defendant's Motion to Seal Document [Doc. 59]. The Defendant is currently serving a seven-month sentence for a supervised release violation. [Doc. 57]. In his present motion, the Defendant requests a temporary release from custody so that he may visit his wife, who is currently in intensive care. The Defendant cites no legal basis for such a request.
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion for Temporary Release [Doc. 58] and the Defendant's Motion to Seal Document [Doc. 59]. The Defendant is currently serving a seven-month sentence for a supervised release violation. [Doc. 57]. In his present motion, the Defendant requests a temporary release from custody so that he may visit his wife, who is currently in intensive care. The Defendant cites no legal basis for such a request. ..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's Motion for Temporary Release [Doc. 58] and the Defendant's Motion to Seal Document [Doc. 59].
The Defendant is currently serving a seven-month sentence for a supervised release violation. [Doc. 57]. In his present motion, the Defendant requests a temporary release from custody so that he may visit his wife, who is currently in intensive care. The Defendant cites no legal basis for such a request. Indeed, the Court has no authority to grant the requested relief, as the Bureau of Prisons has the exclusive authority to determine whether a federal prisoner should be granted a medical furlough. See 18 U.S.C. § 3622(a)(1); 28 C.F.R. § 570.33. While the Court is sympathetic to the Defendant's circumstances, the Court lacks authority to grant Petitioner a furlough or temporary release. Accordingly, the Defendant's motion is denied.
IT IS, THEREFORE, ORDERED that the Defendant's Motion for Temporary Release [Doc. 58] is DENIED.
IT IS FURTHER ORDERED that the Defendant's Motion to Seal Document [Doc. 59] is GRANTED, and the Defendant's Motion for Temporary Release [Doc. 58] shall be placed under seal until further Order of this Court.
IT IS SO ORDERED.
Source: Leagle
