United States Tenth Circuit
US v. Garcia, 06-3222, 06-3223
Denial of defendants' motions requesting that a district court compel the Bureau of Prisons to transfer them to detention facilities located closer to their families is affirmed where a request by a federal prisoner for a change in the place of confinement is properly construed as a challenge to the conditions of confinement and, thus, must be brought in a Bivens action, as opposed to a motion in a criminal case.
Appellate Information
- Decided 12/13/2006
- Published 12/14/2006
Judges
- MURPHY, Circuit Judge., Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Hector Garcia, Jr., pro se., Victor Mancillas, pro se.
- For Appellees:
- David M. Lind, Office of United States Attorney, Wichita, Kansas, for Plaintiff-Appellee.