United States v. Frederick D. Graham, A/K/A Wayne I. Boykin, Bertil Hanson, Walter F. Smith, Milton Pierce

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question presented on this appeal is whether Article IV(a) of the Interstate Agreement on Detainers Act, 1 which provides the governor of a state thirty days in which to disapprove a request for temporary custody of a prisoner confined in that state, applies to a request for custody made by a federal court pursuant to a writ of habeas corpus ad prosequendum. We hold that Congress did not intend Article IV(a) to apply under these circumstances, and accordingly affirm.

I

In early June 1979, 2 the United States Marshal for the District Court of the…