United States v. Lewis

THOMPSON, Circuit Judge.

This case requires us to determine whether a prisoner against whom a federal detainer has been lodged and who is erroneously detained by State authorities following the dismissal of State criminal charges is in federal custody for purposes of the Speedy Trial Act, 18 U.S.C. § 3161(b). We conclude that the appellant did not enter federal custody until October 3, 2011, the date on which he was arrested by United States Marshals and brought before a federal judge. As such, his October 26, 2011, indictment occurred within thirty days of his arrest on federal charges and,…