United States v. Johnny R. Padilla

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee v. Johnny R. PADILLA, Defendant-Appellant. No. 95-10256. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 14, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, WEINER, ** District Judge. 2 MEMORANDUM *** 3 Defendant-Appellant Johnny R. Padilla appeals the district court order denying his motion to dismiss the indictment for violations of the Interstate Agreement on Detainers Act, 18 U.S.C.App. II. We affirm. I. 4 Padilla escaped from a federal prison, was later arrested by state authorities and then placed in state custody. Padilla now argues that federal authorities violated the anti-shuttling provisions of the Interstate Agreement on Detainers Act (IADA) because he was inadvertently released to state custody prior to his trial on the indictment charging him with escape. Accordingly, Padilla contends that the indictment should…