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U.S. v. JOHNSON

No. 90-50559.

953 F.2d 1167 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Larry JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1992.

Attorney(s) appearing for the Case

Robert L. Swain, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Paul S. Cook, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING, ALARCON and NELSON, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Larry Johnson appeals the denial of his motion to dismiss an indictment for bank robbery, 18 U.S.C. § 2113(a). Johnson claims the indictment should be dismissed because the United States violated (1) the anti-shuttling provision of the Interstate Agreement on Detainers Act (hereafter Interstate Detainers Act), 18 U.S.C. app. II, § 2, art. III(d), by moving him from state to federal custody and back on five occasions

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