United States v. Premachandra

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 8, 1996
• Docket: 95-2871
• Status: Unpublished

Opinion

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No. 95-2871 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Yoganand Premachandra, * [UNPUBLISHED] * Appellant. * ___________

Submitted: March 5, 1996

Filed: March 8, 1996 ___________

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Yoganand Premachandra, a federal inmate, appeals the district court's1 order denying his motion for a medical furlough, and his subsequent motions for reconsideration. We affirm.

We agree with the district court that 18 U.S.C. § 3622 vests authority to grant medical furloughs with the Bureau of Prisons (BOP), not the federal courts. See 18 U.S.C. § 3622(a)(3) ("The Bureau of Prisons may release a prisoner from . . . imprisonment for a limited period . . . to—(a) visit a designated place for a period not to exceed thirty days . . . for the purpose of— . . . (3) obtaining medical treatment not otherwise available."). We note that the BOP provides both medical furloughs and escorted medical trips. See 28 C.F.R. § 570 subpts. C & D (1995).

1 The Honorable Donald J. Stohr, United States District Judge for the Eastern District of Missouri. To the extent Premachandra suggests 28 U.S.C. § 2241 would permit a federal court to grant the relief he seeks, see Prushinowski v. Hanbrick, 570 F. Supp. 863, 869 (E.D. N.C. 1983); Bartling v. Ciccone, 376 F. Supp. 200, 203, 205 (W.D. Mo. 1974), we note that Premachandra is incarcerated outside the Eastern District of Missouri. See United States v. Hutchings, 835 F.2d 185, 186-87 (8th Cir. 1987) (§ 2241 petition must be brought in district where prisoner is incarcerated).

Accordingly, the judgment is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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