Pennsylvania, within the Western District of Pennsylvania.
At the time of his arrest, Boyd was free on bond pending appeal of a state court conviction for burglary.
State authorities filed a complaint on March 18, 1971, charging Boyd with the robbery of the Avonmore bank. On March 25, 1971, pursuant to a Writ of Habeas Corpus Ad Prosequendum, Boyd was brought to the federal court in Pittsburgh to answer the federal indictment (Criminal No. 71-47) which had been filed March 11 concerning the same bank robbery. Boyd was then returned to the Greensburg facility without a trial having been held. On April 5, Boyd was indicted on the state bank robbery charges. Bond was set at $50,000, but was reduced to $25,000.
On April 20, 1971, Boyd was brought to federal court, again pursuant to a Writ of Habeas Corpus Ad Prosequendum, for trial on the bank robbery charges. Following a three-day trial, the jury returned a verdict of guilty. On May 26, 1971, Boyd was sentenced to prison for 21 years. He subsequently filed an unsuccessful application for release from custody pending appeal. The Court of Appeals affirmed Boyd's conviction on April 10, 1972. The state bank robbery indictment was then nol-prossed on June 21, 1972.
In July 1975, Boyd was paroled from the state sentence imposed on the burglary conviction (O & T No. 35, September 1968) and he subsequently began serving the federal bank robbery sentence.
Petitioner Boyd bases his motion to vacate on the decision in United States v. Sorrell, 413 F. Supp. 138 (E.D. Pa. 1976), affirmed on rehearing 562 F.2d 227 (3rd Cir. 1977). In Sorrell and in United States ex rel. Esola v. Groomes, 520 F.2d 830 (3rd Cir. 1975), the Court of Appeals has held that a Writ of Habeas Corpus Ad Prosequendum may be a detainer within the meaning of that word as used in the Interstate Agreement on Detainers Act:
"The word 'detainer,' as it is used in the Agreement, is 'a notification filed with the institution in which a prisoner is serving a sentence, advising that he is wanted to face pending criminal charges in another jurisdiction.' See Senate Report 91-1356, 91st Cong., 2d Sess., 2 U.S. Code Cong. & Admin. News, p. 4865. This definition of a detainer from the Senate Report finds support in other legislative history of the Agreement and is consistent with the purposes of the Agreement."