Does a federal judge have custody of a prisoner who escaped from custody during the term of the writ?
MultiRegion, United States of America
The following excerpt is from Rivera v. Santirocco, 814 F.2d 859 (2nd Cir. 1987):
6 The parties also discuss two other "escape" cases. United States v. Viger, 530 F.2d 846 (9th Cir.1976); United States v. Stead, 528 F.2d 257 (8th Cir.1975), cert. denied, 425 U.S. 953, 96 S.Ct. 1730, 48 L.Ed.2d 197 (1976). In both cases the prisoner had been remanded back to the state from the federal court's custody before his escape. Therefore, these cases do not bear upon the question of who has custody of the prisoner during the term of the writ.
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