United States v. Richard Leslie Reed

The defendant appeals from the district court’s denial of a motion to dismiss an indictment, alleging government violation of the 180-day speedy trial provision of the Interstate Agreement on Detainers Act (IADA), 18 U.S.C. Appx. (1990). We reverse and remand.

I.

In December 1985 Reed was incarcerated on a three-year term for mail theft. On August 27, 1987, while at liberty on a one-day pass, Reed escaped from the Portland Progress House correctional facility. In September 1987 a U.S. Magistrate issued a federal escape complaint against Reed. In May 1988 Reed was arrested on separate state charges in Jackson County, Oregon, and was imprisoned at the Jackson County Jail. A few days later, on June 3, 1988, a federal detainer was filed against him on the escape charge.

The detainer consisted of two forms promulgated by the U.S. Marshal’s Service: USM-16, which is a notice of detainer, and an attached USM-17, which is a request for a speedy trial. Both are directed to the custodian or her deputy. The second full paragraph of the USM-16 notice form reads,

Form USM-17, the speedy trial request, gives the following instruction to the custodian:

It is clear from the record that the…