United States v. Avochon T. Postell

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 11-10646 OCTOBER 3,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