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UNITED STATES v. COLLINS

September 21, 1994

UNITED STATES OF AMERICA,
v.
FRANK COLLINS, a/k/a "Colin Frank," Defendant.



The opinion of the court was delivered by: JOANNA SEYBERT

 SEYBERT, District Judge

 In the instant prosecution, defendant Frank Collins is charged with various crimes in a twelve-count superseding indictment. Specifically, defendant is charged with participating with other persons in four armed bank robberies between August 1991 and October 1991. Currently before the Court is defendant's motion to dismiss the indictment pursuant to the Interstate Agreement on Detainers Act, 18 U.S.C. App. II § 2, Art. III [alternatively, the "IAD" or the "Agreement"], on the basis that the United States Government (the "government") failed to notify Collins of a federal detainer *fn1" that was pending against him for more than 180 days. For the reasons that follow, the defendant's motion is denied.

 BACKGROUND

 For purposes of this motion, the chronology of events asserted by the government--to the extent uncontroverted by the defendant--may be summarized as follows.

 At the time of his arrest, Collins was on parole in New York State as a result of his conviction on June 19, 1989 in Kings County Superior Court for Criminal possession of Stolen Property in the Fourth Degree. As a result of his November 12th arrest, the New York State Division of Parole issued a parole violation warrant against the defendant and, on November 13th, lodged a detainer against him at the NCJ.

 Also on November 13, 1992, the United States Marshals Service lodged a detainer against Collins at the NCJ charging the defendant with armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). The federal detainer lodged by the Marshals did not direct the NCJ authorities to notify Collins either of its existence or of Collins' right to request a final disposition of the charge on which the detainer was based. The government acknowledges that it was not until the defendant was taken into federal custody on May 14, 1993--more than 180 days after the federal detainer was issued--that the defendant was first notified of the existence of such detainer and the pending federal charges against him.

 On December 17, 1992, in Nassau County First District Court, Collins pled guilty to Unauthorized Use of a Vehicle in the Third Degree.

 On January 14, 1993, a hearing was held on Collins' parole violation at the NCJ. Following the hearing, Collins' parole was revoked and he was assessed a sentence of eleven months, the maximum allowable sentence for his parole violation.

 On January 19, 1993, Collins was sentenced to one year in prison in connection with the New York State unauthorized use of a vehicle charge. In addition, on that same day Collins pled guilty to the New York State petit larceny charge and received a consecutive three-month sentence.

 On April 30, 1993, Collins was indicted in the Eastern District of New York with codefendant Cleveland Zanders on charges of conspiracy to commit armed bank robbery, armed bank robbery, and using a firearm in connection with the alleged bank robberies.

 As earlier alluded, on May 14, 1993 Collins was taken from the NCJ into federal custody pursuant to a writ of habeas corpus ad prosequendum that was issued as a result of the federal indictment. On that same day, codefendant Zanders was arraigned on the indictment by Judge Hurley. Collins also was scheduled to be arraigned on the indictment on that day, but the United States Marshals Service inadvertently failed to produce him for the arraignment.

 On May 17, 1993, Collins was produced and arraigned on the indictment before Magistrate ...


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