This case is before the Court on defendant Randall's motion to dismiss the indictment as to him, pursuant to Art. IV(e) of Section 2 of the Interstate Agreement on Detainers Act, 18 U.S.C.A. App. (Supp. 1976). For the reasons stated below, the Court will grant the motion.
The following facts are undisputed: Defendant was arrested in this jurisdiction on December 21, 1976, and charged with armed robbery. On January 17, 1977, defendant was sentenced to two years imprisonment in an unrelated case in the Prince George's County (Md.) Court. Following sentencing, defendant was confined at the Prince George's County Detention Center in Upper Marlboro, Maryland. On January 18, 1977, defendant was indicted in this Court, as a result of the incident leading to his aforementioned arrest on December 21, 1976, and charged with armed robbery, illegal possession of a sawed-off shotgun, and carrying a pistol without a license. On January 26, 1977, pursuant to a petition filed by the United States Attorney, this Court issued a writ of habeas corpus ad prosequendum commanding that defendant be transported from the Prince George's County Detention Center to this Court. On January 27, 1977, defendant was brought before the Court, pursuant to the aforesaid writ, for arraignment. At that time, defendant pleaded not guilty to the charges against him. Before the completion of the hearing, counsel for the defendant requested that his client be returned to Prince George's County for confinement rather than remain imprisoned in this jurisdiction pending trial. The Assistant United States Attorney assigned to this case did not oppose the request, and, accordingly, the defendant was returned to the Prince George's County Detention Center.
The instant motion was filed on February 4, 1977. Defendant relies on Art. IV(e) of the Interstate Agreement on Detainers (IAD), which provides:
If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the Court shall enter an Order dismissing the same with prejudice.