Pleas of Philadelphia County. On March 26, 1976, defendant was notified that there was a detainer lodged from this district for the present indictment. On April 2, deputy U. S. marshals, pursuant to a writ of habeas corpus ad prosequendum, removed defendant from SCIG and brought him into this court for arraignment. Defendant was then returned to SCIG without having been tried.
On April 19, defendant was again brought into this court for trial by writ of habeas corpus ad prosequendum. However, at the request of his newly appointed counsel, we granted a continuance for one week and defendant was again returned to SCIG. On April 26, when the continued trial was scheduled, defendant filed the present motion.
Defendant argues that a prisoner serving a state sentence can be brought to court to answer a federal charge only by the invocation of the Interstate Agreement on Detainers, 18 U.S.C. App.; 19 P.S. §§ 1431 et seq. ("Agreement"). That Agreement, defendant points out, provides two things, inter alia : (1) a mandatory period of thirty days within which the governor of the state of confinement may disapprove the request for temporary custody, Agreement, Article IV(a); and (2) unless trial is had on the indictment before the prisoner is returned to his original place of imprisonment, the indictment shall be dismissed with prejudice. Agreement, Article IV(e). Defendant's argument is pitched on the second of these provisions.
Preliminarily, we note that as used in the Agreement, the term "State" means, inter alia, the United States of America. Agreement, Article II(a). Thus, a transfer of a state inmate to the federal authorities, under the terms of the Agreement, is a transfer from one state to another.
In United States ex rel. Esola v. Groomes, 520 F.2d 830 (3d Cir. 1975), the relator was serving a federal sentence at Danbury, Connecticut. On April 21, 1971, he was transferred by writ of habeas corpus ad prosequendum to New Jersey to stand trial. On April 27, 1971, he was returned to Danbury without having been tried. Thereafter, by unspecified procedures, Esola was returned to Monmouth County on June 10, 1971, September 25, 1971, and January 6, 1972 for trial. During the January transfer he was tried and convicted. After exhausting state remedies attacking the validity of his conviction, Esola sought federal habeas corpus. The district court dismissed the petition. On appeal, New Jersey argued, as the government does here, that because the transfers were pursuant to writs of habeas corpus and not under the Agreement, the provisions of the Agreement were not relevant. In rejecting this argument, the court said, at page 837:
"* * * Were we to hold, as New Jersey urges, that the machinery of the Agreement is not the exclusive means of effecting a transfer for the purpose of prosecution on these allegations, then Article IV(c), requiring prosecution within 120 days of arrival, and Article IV(e), allowing for only one rendition, would be meaningless.