United States v. Bud Brown

OPINION

LIPEZ, Circuit Judge:

For the first time in this circuit, we address the impact of a writ of habeas corpus ad prosequendum on the question of whether an inmate serving a federal sentence remains under “the custody of the Attorney General” as per 18 U.S.C. § 751(a) when he is held at a state-run institution pursuant to the writ. Bud Ray Brown appeals the district court’s denial of his pre-plea motion to dismiss, filed, in part, on the ground that he was not in federal custody as a matter of law at the time of the attempted escape. We now hold that Brown remained under the custody of the…