Applicability of the Agreement: The Agreement applies only to “a person who has served a sentence of imprisonment in a penitentiary or penitentiary establishment” (Articles III (a) and IV (a)) and therefore does not apply to a person awaiting trial. See United States vs. Reed, 620 F.2d 709, 711-12 (9th Cir.), certificate refused, 449 U.p. 880 (1980); United States v. Evans, 423 F. Supp. 528, 531 (S.D.N.Y. 1976), aff`d, 556 F.2d 561 (2d Cir. 1977).
Since the agreement only applies to a prisoner based on a pending “indictment, information or complaint” requiring a “procedure” (Articles III (a) and IV (a)), the agreement does not apply to a prisoner based on a probation warrant. See Reed, above. The procedure for the order of prisoners for a suspended offence is set at 18 U.S.C 4214 (b). The agreement also does not apply to probation criminals. See Carchman v. Nash, 473 U.p. 716 (1985). Overview: According to the Interstate Agreement on Detainers Act, Pub.L.
No. 91-538, 84 Stat. In 1397 (1970) (hereinafter referred to as “the Act”), the United States (and the District of Columbia) entered into the Interstate Agreement on Detainers, 18 U.S.C app. III (hereinafter referred to as `the Agreement`). Section IV(a) gives a governor 30 days to reject a request for a transfer by operation or at the request of the prisoner. However, it has been established that a governor of a federal state does not have the right to reject an application in the form of habeas corpus ad prosequendum by a federal court, even if a prisoner has been previously deposed. See United States v. Graham, 622 F.2d 57 (3rd Cir.), cert. Denied, 449 U.S. 904 (1980).
See, however, united States vs. Scheer, 729 F.2d 164, 170 (2d Cir. 1984). .