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Requests to BOP by Sentencing Judge not Reviewable on Appeal
Federal criminal defendants may not appeal requests made by district judges to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Sixth Circuit decided October 26, 2009.
Jerry Hebert pled guilty to bank robbery. At his sentencing, the court asked the BOP to treat Hebert for a gambling addiction, and pornography and sex addiction. Hebert appealed.
The Sixth Circuit dismissed Hebert’s appeal, holding that it lacked jurisdiction to consider challenges to a district court’s “request for evaluation and counseling.” “[T]he district court’s request,” the court wrote, “is [not] the type of ‘final sentence’ that Congress intended appellate courts to review.”
See: United States v. Hebert, 584 F.3d 691 (6th Cir. 2009).
Jerry Hebert pled guilty to bank robbery. At his sentencing, the court asked the BOP to treat Hebert for a gambling addiction, and pornography and sex addiction. Hebert appealed.
The Sixth Circuit dismissed Hebert’s appeal, holding that it lacked jurisdiction to consider challenges to a district court’s “request for evaluation and counseling.” “[T]he district court’s request,” the court wrote, “is [not] the type of ‘final sentence’ that Congress intended appellate courts to review.”
See: United States v. Hebert, 584 F.3d 691 (6th Cir. 2009).
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Related legal case
United States v. Hebert
| Year | 2009 |
|---|---|
| Cite | 584 F.3d 691 (6th Cir. 2009) |
| Level | Court of Appeals |
| Injunction Status | N/A |