UNITED STATES v. WOODS

No. 85-1059.

775 F.2d 1059 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Jerrol Glen WOODS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1985.


Attorney(s) appearing for the Case

John W. Kennedy, Asst. U.S. Atty., Sacramento, Cal., Patty Merkamp Stemler, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Sandra Gillies, Asst. Federal Public Defender, Sacramento, Cal., for defendant-appellee.

Before CHOY, HUG, and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge.

The district court dismissed the indictment in this case and the government appeals. The district court held that dismissal was required under the "anti-shuttling" provision of the Interstate Agreement on Detainers, 18 U.S.C.App. III, § 2, Art. IV(e) (1982). It provides for dismissal when a transferred prisoner is returned before trial to the jurisdiction in which he was previously imprisoned. We reverse because the defendant in this...

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