United States v. Burks

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ELIJAH BURKS, Defendant.

Court: United States District Court, D. New Jersey

Date published: Jan 9, 2024

Crim 1:11-cr-00627-NLH-1 (D.N.J. Jan. 9, 2024)

Opinion

Crim 1:11-cr-00627-NLH-1

01-09-2024

UNITED STATES OF AMERICA, Plaintiff, v. ELIJAH BURKS, Defendant.

APPEARANCES: JOSEPH MCFARLANE, AUSA UNITED STATES ATTORNEY'S OFFICE Attorney for the United States of America ELIJAH BURKS MCKEAN FEDERAL CORRECTIONAL INSTITUTION Defendant Pro se

NOEL L. HILLMAN, U.S.D.J

APPEARANCES:

JOSEPH MCFARLANE, AUSA

UNITED STATES ATTORNEY'S OFFICE

Attorney for the United States of America

ELIJAH BURKS

MCKEAN FEDERAL CORRECTIONAL INSTITUTION

Defendant Pro se

OPINION AND ORDER

NOEL L. HILLMAN, U.S.D.J

WHEREAS, in April 2012 Defendant Elijah Burks plead guilty to one count of Possession of a Weapon by Convicted Felon pursuant to 18 U.S.C. § 922(g)(1) and was thereafter sentenced to imprisonment for a term of 108 Months to run consecutively to any previous state or federal sentence; and

WHEREAS, Defendant is incarcerated at McKean Federal Correctional Facility; and

WHEREAS, on December 12, 2023 Defendant filed an Emergency Motion for Furlough to Attend Family Funeral (ECF 55), seeking furlough to attend his aunt's funeral; and

WHEREAS, on January 2, 2024, this Court ordered the Government to file a response (ECF 56); and

WHEREAS, on January 8, 2024, the Government filed a response opposing Defendant's Motion (ECF 57); and

WHEREAS, in its Response the Government advised of its understanding that the funeral had already occurred on December 23, 2023 (ECF 57 at 1); and

WHEREAS, the Government further argued that this Court does not have the authority to approve a furlough request (Id.); and

WHEREAS, a request for a furlough is not within this Court's authority. United States v. Pawlowski, No. 17-390, 2020 WL 2526523, at *1 (E.D. Pa. May 18, 2020), aff'd, 967 F.3d 327 (3d Cir. 2020) (“Although the Court lacks authority to grant [Defendant] temporary release, the Bureaus of Prisons (BOP) possesses the authority to do so under the furlough statute, 18 U.S.C. § 3622.”); and

THEREFORE, it is on this 9th day of January, 2024, ORDERED that Defendant's Emergency Motion for Furlough (ECF 55) be, and the same hereby is, DENIED.