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UNITED STATES v. BOOHER

No. 84-5042.

752 F.2d 105 (1985)

UNITED STATES of America, Appellee, v. James Phillip BOOHER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1985.

Attorney(s) appearing for the Case

Daniel R. Bieger, Norton, Va. (Copeland & Molinary, P.C., Abington, Va., on brief), for appellant.

J. Gaston B. Williams, Asst. U.S. Atty., Roanoke, Va. (John P. Alderman, U.S. Atty., Roanoke, Va., Karen L. Donegan, Law Student Intern on brief), for appellee.

Before RUSSELL and HALL, Circuit Judges, and DUPREE, Senior District Judge of the Eastern District of North Carolina, Sitting by Designation.

DUPREE, Senior District Judge, Sitting by Designation.

This appeal presents the question whether the advance filing of a copy of a federal writ of habeas corpus ad prosequendum with prison officials two days before a state prisoner is picked up for trial in federal court transforms the writ into a detainer thereby giving the prisoner procedural due process rights under the Interstate Agreement on Detainers Act (IADA). The...

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