United States of America v. McKye et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CR-11-45-R
)
BRIAN WILLIAM MCKYE, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant’s pro se letter [Doc. No. 450] requesting that he be
transferred to a different facility to complete his sentence. However, the Court lacks
jurisdiction to order the Bureau of Prisons to incarcerate Defendant in any particular
location. See 18 U.S.C. § 3621(b) (“The Bureau of Prisons shall designate the place of the
prisoner’s imprisonment….”); Tapia v. United States, 564 U.S. 319, 331 (2011) (“A
sentencing court can recommend that the BOP place an offender in a particular facility or
program….But decisionmaking authority rests with the BOP.”).
Accordingly, the Court is without authority to grant Defendant’s request for a
transfer and the request is therefore denied.1
IT IS SO ORDERED this 15th day of January, 2026.
1 To the extent Defendant seeks to challenge the conditions of his confinement, he must do
so through an appropriate civil rights action.
Case 5:11-cr-00045-R Document 452 Filed 01/15/26 Page 1 of 1