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MERLING v. CARLSON

Civ. A. No. 81-899.

513 F.Supp. 276 (1981)

Joel L. MERLING, Plaintiff, v. Norman A. CARLSON, Director, Bureau of Prisons, and William French Smith, Attorney General, Defendants.

United States District Court, District of Columbia.

May 6, 1981.

Attorney(s) appearing for the Case

Brian W. Shaughnessy, Washington, D. C., for plaintiff.

Nathan Dodell, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM

GESELL, District Judge.

Plaintiff in this case, a Canadian citizen incarcerated in the Federal Correctional Institution at Lexington, Kentucky, challenges the Bureau of Prison's interpretation of its authority to grant temporary furloughs pursuant to 18 U.S.C. § 4082 (1976). Simply put, the question is this: does the Bureau of Prisons have the authority to exercise its discretion and grant a prisoner a furlough to travel to Canada? The Bureau...

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