USA v. Avochon T. Postell

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
OCTOBER 3, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-10646
Non-Argument Calendar
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D.C. Docket No. 9:04-cr-80104-WPD-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
AVOCHON T. POSTELL,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 3, 2011)
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:

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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
(11 Cir. 2000). The court’s decision denying relief is thereforeth
Affirmed.
2

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