Beltran v. Smith, 458 U.S. 1303 (1982)

ON APPLICATION FOR STAY

Syllabus

An application to stay, pending appeal to the Court of Appeals, the District Court’s judgment denying a preliminary injunction to prohibit federal officials from transferring applicant from one federal detention facility to another is denied. Applicant had been convicted of state offenses but was cooperating with state and federal authorities by testifying in pending prosecutions, and was in federal custody in the witness protection program. Although applicant may be correct in his assertion that the risk to his safety will be increased if he is moved, there is no indication that the officials responsible for the witness protection program will not continue to provide him with protection under that program. In light of the conclusions of the District Court and the Court of Appeals, which denied an injunction pending appeal and a stay pending application to this Court, that any increased risk to applicant does not rise to the level of irreparable injury, his claims are insufficient to justify interference with the Attorney General’s discretion to run the prison system and to transfer applicant.