USA v. Avochon Postell, No. 11-10646 (11th Cir. 2011)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-10646 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT OCTOBER 3, 2011 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
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