United States v. Donte Gwynn

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7038

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONTE GWYNN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (4:07-cr-00112-RGD-FBS-5)

Submitted: September 20, 2012 Decided: November 1, 2012

Before KING and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Donte Gwynn, Appellant Pro Se. Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Donte Gwynn appeals the district court’s order denying

his motion requesting that he be transferred from state to

federal custody. We have reviewed the record and conclude that

the district court’s judgment does not suffer from reversible

error, as the issue of Gwynn’s place of confinement is squarely

within the prerogative of the Attorney General. See Jake v.

Herschberger, 173 F.3d 1059, 1065 (7th Cir. 1999); United

States v. Warren, 610 F.2d 680, 684-85 (9th Cir. 1980). We

therefore affirm the judgment of the district court. We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED