Does a writ of habeas corpus ad prosequendum apply to transfer a federal inmate from federal custody to a state institution?

MultiRegion, United States of America

The following excerpt is from United States v. Brown, 875 F.3d 1235 (9th Cir. 2017):

3 In concluding that a federal prisoner remains in federal "custody" for purposes of 751(a) even when housed at a state institution pursuant to writ of habeas corpus ad prosequendum, we join the interpretations of the Fourth and Seventh Circuits. See United States v. Maday, 799 F.3d 776, 777 (7th Cir. 2015) (transferring a federal inmate "by virtue of a writ of habeas corpus ad prosequendum" retains enough federal interest "to justify charging him with escaping from federal custody even though the actual custodians from whom he escaped were state employees"); United States v. Evans, 159 F.3d 908, 911 (4th Cir. 1998) ("a writ of habeas corpus ad prosequendum does not effect a transfer of custody for purposes of 751(a)").

Other Questions


When will a federal writ of habeas corpus ad prosequendum apply to a defendant held in a state's custody? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Can a federal court grant habeas corpus to a prisoner in state custody? (MultiRegion, United States of America)
What is the federal liberty interest in a transfer of an inmate from a state to another state? (MultiRegion, United States of America)
If a federal habeas corpus judge finds that a state criminal court violated the Fourth Amendment, what are the implications for the federal court? (MultiRegion, United States of America)
Is a federal sentencing error under state law an actionable in federal habeas corpus? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Does a transfer of an inmate from a federal prison to another federal prison violate the inmate's right to a new facility? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.