February 9, 2016

Asked 2/5/2016 – Fort Worth, TX

My son was arrested in Texas(9/2014) charged with online solicitation of a minor, in jail for one week, let out, told charges dropped. Sent home with property, was home 10 days, arrested by FBI, charged with attempted online enticement of a minor and attempted transfer of obscene material. Same incident,(there as never a minor involved) just changed charges from State to Federal (my understanding) He was convinced to sign a plea agreement (10 years) for the lesser charge. He had sentencing hearing in 12/2015. Sentenced to 10 years with time served. He had no previous criminal background. It was requested by the judge that he go to Ft. Worth FCI to serve his time, at the moment he is in El Reno FCI in Oklahoma, supposedly due to the fact that his points were higher because of no proof of GED and assumed State charge against him. He has since gotten proof that there is no charge against him and has proof of GED.

Answer

Prisons and Parole are their own entity. Your son will be assigned to whatever facility they see fit; even a federal judge cannot order the assignment of an inmate to a particular locale. You may make a written request for him to be transferred, and I suggest you outline specific reasons why. The decision, however, will be totally discretionary.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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