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U.S. v. ALLEN

January 5, 2000

UNITED STATES OF AMERICA
V.
WARREN ALLEN.



The opinion of the court was delivered by: Anita B. Brody, District Judge.

Memorandum

Before me was the United States' Motion to Dismiss the Charges Against Defendant Warren Allen Without Prejudice. Allen responded to the United States' motion and asserted that the charges against him should be dismissed with prejudice. On December 29, 1999, I issued an order granting the United States' Motion to Dismiss the Charges Against Defendant Warren Allen Without Prejudice.

Background

On October 19, 1999, a federal grand jury indicted defendant Warren Allen for one count of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371, and fourteen counts of theft of government property, in violation of 18 U.S.C. § 641. The indictment accused Allen of conspiring to pass more than eighty bad checks that were drawn on more than twenty different accounts over the course of a year. At the time of the indictment, Allen was serving a sentence of eleven and one half to twenty-three months in the Philadelphia Detention Center on state charges.*fn1

On October 19, 1999, a bench warrant was issued for Allen's arrest. Pursuant to the bench warrant, on October 21, 1999, the United States Marshal Service lodged a detainer against Allen with the Philadelphia Detention Center. On November 9, 1999, Allen was physically transferred from the Philadelphia Detention Center to the federal courthouse to be arraigned for the federal indictment before Magistrate Judge Charles B. Smith.*fn2

At the arraignment, Allen declined to waive his right under the Interstate Agreement on Detainers Act, 18 U.S.C.App. 2 ("IADA"), to remain in federal custody until the federal charges were completely resolved. During the arraignment, the following colloquy between Magistrate Judge Smith ("The Court"), the Assistant United States Attorney ("AUSA") and Allen's counsel ("Defense") occurred:

The Court: . . . [B]ail is set at $10,000.

Defense: Very well. Thank you.

AUSA: Well, no, that would not be agreeable to the government, your Honor.
The Court: I think you think he has $10,000. He is in jail.
AUSA: I'm thinking the issue we need to resolve then is whether he will waive his rights under the Interstate Agreement on Detainers because if he is not —

The Court: We want to find out where he will be.

AUSA: Yes, because he is a sentenced state prisoner. If he is going to be given bail, we will continue prosecution, wouldn't he have to waive his rights under the Interstate Agreement on Detainers? I think it might be useful, at least to have a discussion with the defendant what his position is. I do have the waivers with me. If he is willing to waive it, that might make the case easier to administer, that way we don't have to keep ...

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