Interstate Agreement on Detainers is not violated where prisoner transfer does not impermissibly lengthen prisoner’s stay in receiving state

STATUTORY CONSTRUCTION United States v. Pursley, No. 05-1428, ___ F.3d ___ (10th Cir. Jan. 11, 2007)(Colorado). Prisoner’s appeal of conviction and sentence for aiding and abetting preparation of false tax returns and conspiracy to defraud United States in violation of 26 U.S.C. § 7206(2) and 18 U.S.C § 371. HELD: Expeditious resolution of untried charges in different jurisdiction than receiving state is fully consistent with purposes of Interstate Agreement on Detainers. Mere temporary transfer of prisoner to different jurisdiction to answer pending charges while in custody of receiving state does not implicate anti-shuttling provisions of Interstate Agreement on Detainers where transfer is of short duration, does not interrupt trial proceedings in receiving state, and there is no impact on prisoner’s rehabilitative programs and treatment in sending state. Read the opinion here.