United States v. Macomber, No. 12-3268 (8th Cir. 2013)
Annotate this CaseAfter defendant was charged with bank robbery and using and carrying a firearm during a bank robbery, he was transferred from a Kansas correctional facility, where he was imprisoned on state charges, to the District of Nebraska to appear on the federal charges. The district court determined that the transfer violated the Interstate Agreement on Detainers Act (IADA), 18 U.S.C. app. 2 section 1, et seq. On appeal, defendant challenged the district court's dismissal of the federal indictment without prejudice. The court affirmed the judgment, concluding that the district court did not abuse its discretion in dismissing the indictment without prejudice where defendant had not alleged bad faith by the government or a "pattern of negligence" and where defendant presented no evidence, other than his own statements, that he would suffer prejudice simply as a result of uncertainties if he was reprosecuted.
Court Description: Criminal Case - Interstate Agreement on Detainers Act. Following transfer from Nebraska to Kansas without an opportunity to object and return to Nebraska, district court dismissed the Nebraska indictment without prejudice. District court did not abuse its discretion in dismissing without prejudice as opposed to with prejudice based on seriousness of the offense, the absence of fault on the part of the government, and the impact of reprosecution.
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