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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.
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