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U.S. v. DAWN

No. 89-2328.

900 F.2d 1132 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Charles DAWN, also known as Charles Cole, also known as Charles Webb, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 1990.

Rehearing Denied June 25, 1990.

Attorney(s) appearing for the Case

Grant C. Johnson, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Samuel J. Cahnman, Chicago, Ill., Paul W. Schwarzenbart, Lee, Johnson, Kilkelly & Nichol, Madison, Wis., for defendant-appellant.

Before CUDAHY, FLAUM, and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

While awaiting trial on state charges in a Utah jail, Charles Dawn was notified by detainer that charges were pending against him in Wisconsin for escaping from federal custody several years earlier, in violation of 18 U.S.C. § 751. Prior to trial in Wisconsin, he filed a motion to dismiss the indictment on the grounds that his rights under the Speedy Trial Act and the Interstate Agreement on Detainers had been violated. The trial court...

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