Ledesma v. United States, 71-1453.
Decision Date | 15 July 1971 |
Docket Number | No. 71-1453.,71-1453. |
Citation | 445 F.2d 1323 |
Parties | Eddie Montez LEDESMA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Eddie M. Ledesma, pro se.
Eldon B. Mahon, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Ft. Worth, Tex., for respondent-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
The appellant, a federal prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals the denial of his styled § 2255 motion by the United States District Court for the Northern District of Texas. We affirm.1
In his motion to vacate the appellant contends that he is being subjected to cruel and unusual punishment because he has not been confined at a medical institution for treatment of narcotic addiction, as was recommended by his sentencing court.
The court below held that:
Not only is the district court's analysis of the appellant's available remedy correct, but also a petition for habeas relief by the appellant would be premature at this time since he has failed to allege that he has exhausted his administrative remedies by application to the Director of the Bureau of Prisons. See Williams v. United States, 5th Cir. 1970, 431 F.2d 873.
The judgment below is affirmed.
Affirmed.
1 It is appropriate to dispose of this pro se case summarily,...
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