United States v. Roger Carl Moline

Appellant Moline seeks to overturn his conviction on the charge of escape from federal custody in violation of 18 U.S.C. §751 on the ground that he was not brought to trial within 180 days following his execution of such right pursuant to the Interstate Agreement on Detainers Act, 18 U.S.C. App. III. We affirm.

Moline escaped from federal prison on January 29, 1985. He remained at large until he was arrested by California officials on July 16, 1985 on state charges of conspiracy and grand theft. Two days later the U.S. Marshal’s Office in Lompoc issued a detainer against Moline based on the arrest warrant issued after his escape. On November 1, 1985, Moline was sentenced on state charges to three years in state prison.

Moline was indicted on the federal charge of escape on August 23, 1985. In due course a trial on this charge was set in federal court on May 27, 1986, a date not within the required 180 days. Moline moved to dismiss the escape indictment on the speedy trial ground set out above. At the hearing on the motion, the district court denied the motion on the ground that Moline had not met his burden of proving that a proper request for a speedy trial had been made as…