||Judge denies motion by James Everett Dutschke
TUPELO, Miss. (WTVA) — A federal judge has dismissed a motion to throw out or change the sentence being served by James Everett Dutschke, 43, of Tupelo.
Federal Judge Sharion Aycock says while her court originally handed down the sentence, it does not have jurisdiction of his appeal of serving his sentence under "special administrative measures."
Dutschke's claims the federal prison system should not hold in in solitary confinement because there is no evidence he is a "FBI threat".
Prosecutors say evidence gathered while Dutschke was in jail waiting trial supports the decision.
They says a fellow inmate of Dutschke reported he was attempting to have one of the lead FBI agents on his case killed while in jail awaiting trial.
The evidence included letters written by Dutschke from prison and analysis of conversations he had with his wife that included threats against an FBI agent.
The court filing say evidence also shows he attempted to get the girlfriend of another inmate to manufacture ricin and mail it to U. S. Senator Roger Wicker.
Prosecutors say Dutschke has no one to blame but himself for being in solitary confinement.
They also ask the motion to be dismissed because Dutschke is serving time in a federal prison in Kentucky and the motion should have been filed there, not in Mississippi.
In a memorandum opinion made public Monday, Judge Aycock says federal authorities did provide evidence to support the SAM being administered by federal officials.
She says because he is being held in Kentucky, the court here lacked the jurisdiction to hear his claims and dismissed the motion.