John M. Kearns v. C.A. Turner, Warden, United States Medical Center

ARNOLD, Circuit Judge.

This case concerns the temporary transfer of appellant John M. Kearns from federal custody to the custody of Missouri state authorities, for the purpose of sentencing on a state conviction. Kearns argues that the transfer violated the Interstate Agreement on Detainers Act (IAD), 18 U.S.C.App. § 2 (1982). The District Court 1 dismissed his complaint without prejudice, and we affirm.

In 1981 Kearns was convicted in a Missouri state court on a charge of stealing. At the time of this conviction, Kearns was on parole from a federal sentence. He failed to appear for sentencing…