United States v. Elias Kenaan

MARKEY, Chief Judge.

This is an appeal by the United States from an order of the United States District Court for the District of Massachusetts granting appellee’s (Kenaan’s) motion to dismiss an indictment on the ground that the Government had violated Article IV(e) of the Interstate Agreement on Detainers Act (“Agreement”) 1 by transferring Kenaan from state to federal custody pursuant to a writ of habeas corpus ad prosequendum and then not trying him before returning him to state control. 2 We reverse and remand.

Facts

On April 13, 1976, Kenaan was indicted by a grand jury of the District of…