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United States v. Horicianu

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 12, 2008

UNITED STATES OF AMERICA,
v.
FLORIN HORICIANU, DEFENDANT.

The opinion of the court was delivered by: Dora L. Irizarry, United States District Judge

Summary Order

Defendant's motion for a "fair punishment" is denied. It is up to the Bureau of Prisons ("BOP") to designate the place of the inmate's imprisonment and to transfer the inmate from one institution to another as the BOP deems appropriate. See 18 U.S.C. § 3621(b). Moreover, once the defendant is sentenced, it is up to the BOP to determine when a sentence commences, whether the defendant receives credit for time served or for "good time," and the place of confinement. United States v. Pineyro, 112 F.3d 43, 45 (2d Cir. 1997). Defendant was given every possible opportunity to comply with the conditions of his supervised release, and failed to do so. After a hearing, he was found guilty of violating the conditions of his supervised release and sentenced accordingly. It is not up to the defendant to decide where and how he serves his sentence. Nor has he raised any legitimate cause for complaint, other than prison life at the Metropolitan Correctional Center being "harsher" than at lower security facilities. Defendant cannot expect to avail himself of the same amenitites that were available to him when he was at liberty. Accordingly, defendant's motion is denied in its entirety.

The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438 (1962).

SO ORDERED.

DORA L. IRIZARRY United States District Judge

20080212

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