Opinion · Court of Appeals for the Tenth Circuit

United States v. Schrum

638 F.2d 214

Type: Opinion
Court: Court of Appeals for the Tenth Circuit
Jurisdiction: Federal
Date: 1981-01-08
Topic: general

How later courts describe this case

whenever prisoner is transferred, however briefly, IAD is violated and charges must be dismissed

Citator

UpLaw has not yet analyzed United States v. Schrum. The absence of a flag is not a finding that it is good law.

Cited by: 12 opinions

UNITED STATES v. SCHRUM,638 F.2d 214(10th Cir. 1981)

UNITED STATES OF AMERICA PLAINTIFF-APPELLANT, v. ALBERT W. SCHRUM

DEFENDANT-APPELLEE, UNITED STATES OF AMERICA PLAINTIFF-APPELLANT, v. WILLIAM

K. VANWINKLE DEFENDANT-APPELLEE, UNITED STATES OF AMERICA

PLAINTIFF-APPELLANT, v. STEPHEN J. THOMPSON DEFENDANT-APPELLEE, UNITED

STATES OF AMERICA PLAINTIFF-APPELLANT, v. BASIL DICKEY STONE

DEFENDANT-APPELLEE, UNITED STATES OF AMERICA PLAINTIFF-APPELLANT, v. WILLIAM

G. GRIMES DEFENDANT-APPELLEE.

Nos. 80-1202 to 80-1206.

United States Court of Appeals, Tenth Circuit.

Submitted and Argued December 15, 1980.

Decided January 8, 1981.

Page 215

Robert S. Streepy, Asst. U.S. Atty., Topeka, Kan. (James P. Buchele, U.S. Atty., Topeka, Kan., with him on briefs), for plaintiff-appellant.

Ira R. Kirkendoll, Asst. Federal Public Defender, Topeka, Kan. (Leonard D. Munker, Federal Public Defender, Wichita, Kan., with him on briefs), for defendants-appellees.

Appeal from the United States District Court for the District of Kansas.

Before HOLLOWAY, LOGAN and SEYMOUR, Circuit Judges.

PER CURIAM.

[1] The only issue in these consolidated appeals is whether Article IV(e) of the Interstate Agreement on Detainers Act, 18 U.S.C. App. § 2, requires dismissal of federal indictments in the following circumstances: State prisoners, against whom detainers had been lodged, were taken from state custody by federal authorities under a writ of habeas corpusad prosequendumto appear for arraignment or other pretrial proceedings in federal court, but were not tried before being returned the same day to the state prison.

[2] In a well-reasoned opinion the trial court held the federal indictments must be dismissed in these circumstances. We agree and affirm on the basis of the analysis set out in Judge Rogers' opinion reported asUnited States v. Schrum,504 F. Supp. 23(D.Kan. 1980).