Opinion
CR 109-134
08-25-2023
UNITED STATES OF AMERICA v. MELVIN LEE BROWN, III
ORDER
BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE.
Before the Court is Defendant's pro se motion for production. (Doc. no. 49.) Defendant, currently in state custody serving a state sentence, requests issuance of a writ to transfer him to federal custody for adjudication of a supervised release revocation petition that has been pending in this District since a since 2019. (Id. at 1.) A state prisoner is not entitled to a federal custody transfer for initiation of a supervised release revocation proceedings. U.S. v. Cunningham, 150 Fed.Appx. 994, 995-96 (11th Cir. 2005) (per curiam). A federal court is not required to conduct the prisoner's supervised release revocation hearing until the prisoner is taken into federal custody after completing his state sentence. Id.; see also United States v. Hinton, 253 F. App'x. 839, 840 (11th Cir. 2007) (per curiam) (finding no error in conducting revocation hearing “over two years after [defendant's] violation of his supervised release” because defendant was not in federal custody). Moreover, the issuance of an arrest warrant for violation of supervised release and a delay in executing that warrant does not deprive the prisoner of his constitutional rights. See Moody v. Daggett, 429 U.S. 78, 86, 89 (1976). Therefore, Defendant's motion for production is DENIED. (Doc. no. 49.)
SO ORDERED.