Rodriguez-Aguilera

MEMORANDUM *

The government appeals the district court’s dismissal with prejudice of Defendant-Appellee Daniel Rodriguez-Aguilera’s indictment based on a violation of his rights under the Interstate Agreement on Detainers (“IAD”), 18 U.S.C.App. 2 § 2. We have jurisdiction under 28 U.S.C. § 1291 , and now reverse.

On June 8, 2001, a complaint was filed against Rodriguez-Aguilera in the Northern District of California, charging him with being found in the U.S. after deportation, a violation of 8 U.S.C. § 1326 . At the time, Rodriguez-Aguilera was in custody on an unrelated matter in the California Correctional Center (“CCC”) in Susanville, CA. On June 28, 2001, the U.S. Marshal for the Eastern District of California 1 sent a “USM-17,” entitled “Detainer Against Sentenced Prisoner,” to the CCC; the CCC acknowledged receipt no later than July 2, 2001.

Once the CCC received RodriguezAguilera’s USM-17, four things were supposed to happen. The prison officials were required to (1) read or show a paragraph *119 to Rodríguez-Aguilera advising him of the existence of the detainer and his rights under the Interstate Agreement on Detainers Act (“IADA”), 2 (2) execute an acknowledgment…