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United States v. Poole

United States District Court, N.D. Iowa, Central Division

October 23, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES EDWARD POOLE, Defendant.

ORDER REGARDING DEFENDANT'S MOTION TO ALLOW DEFENDANT TO ATTEND FUNERAL

MARK W. BENNETT, District Judge.

On January 30, 2014, defendant James Edward Poole was sentenced to a total of 126 months incarceration after pleading guilty to charges of conspiracy to distribute 500 grams or more of a substance or mixture containing methamphetamine which contained 50 grams or more of pure methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). He is currently incarcerated at FCI Sandstone, Minnesota.

This case is before me on defendant Poole's Motion To Allow Defendant To Attend Wife's Funeral (Docket no. 187). In his motion, defendant Poole requests his temporary release from incarceration in order to attend his wife's funeral in Ames, Iowa, on November 2, 2014. Defendant Poole indicates that the prosecution resists his motion.

Congress has committed the decision to grant a furlough to a federal prisoner to the discretion of the Bureau of Prisons ("BOP"). See 18 U.S.C. § 3622.[1] Thus, only the BOP has authority to grant defendant Poole the relief he seeks with his motion. See United States v. Premachandra, 78 F.3d 589, 589 (8th Cir. 1996) (holding that § 3622 vests authority to grant furloughs with the BOP, "not the federal courts."). Therefore, defendant Poole's Motion To Allow Defendant To Attend Wife's Funeral is denied.

IT IS SO ORDERED.


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