United States of America v. Donte Gwynn

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7038
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONTE GWYNN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:07-cr-00112-RGD-FBS-5)
Submitted: September 20, 2012 Decided: November 1, 2012
Before KING and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Donte Gwynn, Appellant Pro Se. Eric Matthew Hurt, Assistant
United States Attorney, Newport News, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Donte Gwynn appeals the district court’s order denying
his motion requesting that he be transferred from state to
federal custody. We have reviewed the record and conclude that
the district court’s judgment does not suffer from reversible
error, as the issue of Gwynn’s place of confinement is squarely
within the prerogative of the Attorney General. See Jake v.
Herschberger, 173 F.3d 1059, 1065 (7th Cir. 1999); United
States v. Warren, 610 F.2d 680, 684-85 (9th Cir. 1980). We
therefore affirm the judgment of the district court. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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