U.S. v. Henson

• Decision Date: 02 April 1991
• Docket Number: No. 90-1880,90-1880
• Citation: 945 F.2d 430
• Parties: UNITED STATES of America, Appellee, v. David HENSON, a/k/a Paul V. Andrews, Defendant, Appellant. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 430

945 F.2d 430

UNITED STATES of America, Appellee, v. David HENSON, a/k/a Paul V. Andrews, Defendant, Appellant.

No. 90-1880.

United States Court of Appeals, First Circuit.

Heard April 2, 1991.

Decided Sept. 25, 1991.

Stephen J. Weymouth with whom Balliro, Mondano & Balliro, was on brief, Boston, Mass., for defendant, appellant.

Richard D. Savignano, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, Boston, Mass., for appellee.

Before BREYER, Chief Judge, and TORRUELLA and CYR, Circuit Judges.

CYR, Circuit Judge.

Appellant Paul V. Andrews, a/k/a David Henson (hereinafter "Henson"), was convicted of robbing three federally insured institutions in the Boston area by "force and violence or by intimidation," in violation

                of 18 U.S.C. § 2113(a).   Henson contends on appeal that all three convictions must be set aside due to insufficient evidence, erroneous jury instructions, and violations of the Interstate Agreement on Detainers Act ("IAD"), the Speedy Trial Act, and the fifth and sixth amendment speedy trial guarantees
                

I BACKGROUND

On August 6, 1988, Henson, without permission, left the halfway house at which he was completing a state prison term commenced at Massachusetts Correctional Institute ("M.C.I.") Cedar Junction. On August 29, Henson was arrested and charged with various offenses, including escape. After he was returned to state custody on August 29, Henson received a copy of a Fugitive Apprehension Unit memorandum to the Massachusetts Parole Board, stating that he would be charged with three robberies committed against federally insured institutions while he was at large. On September 7, Henson sent a letter to the United States District Court for the District of Massachusetts, asserting that he "wish[ed] to be very clear on [his] desire for a Speedy trial on any matter outstanding against [him]," making specific reference to the bank robbery charges referenced in the Fugitive Apprehension Unit memorandum enclosed with his letter. ¹

On October 7, a federal complaint was filed against Henson, alleging three violations of 18 U.S.C. § 2113(a). An arrest warrant issued at the same time. A detainer was lodged against Henson at M.C.I. Concord on October 17. ² Henson acknowledges notice of the detainer, but denies that he was ever informed of his right to speedy disposition of the related charges.

On December 21, Henson sent a letter to the U.S. Marshal requesting information as to the nature of the charges to which the detainer related. He received no reply. On the same date, the Massachusetts Parole Board determined that Henson's parole would not be reinstated, due to "pending cases." On February 6, 1989, Henson filed a petition for writ of habeas corpus, which the district court later denied for failure to exhaust state remedies. On March 1, an official at M.C.I. Cedar Junction acknowledged receipt of Henson's request for information on outstanding warrants and advised Henson that "there are no warrants currently lodged against you. However, the U.S. Marshal has lodged a 'Request to Notify' which requires that we must notify that office upon your release." The official offered to make "further inquiries and file any necessary paper work on [Henson's] behalf."

On March 24, two F.B.I. agents visited M.C.I. Cedar Junction and served Henson with a grand jury subpoena for fingerprints, handwriting exemplars, and photographs. The agents identified themselves, advised Henson of his right to remain silent, and requested permission to interview him. The agents left after Henson declined to be interviewed.

A three count indictment was returned on July 26, 1989. During April 1990, Henson filed a Revised Motion to Dismiss the Indictment for failure to comply with the IAD, and alleging violations of his statutory and constitutional rights to speedy trial. The motion was denied without elaboration,

and Henson was tried and convicted on all three counts.

II DISCUSSION

A. IAD Claim

The IAD, 18 U.S.C.App. III, prescribes procedures by which a member state, including the federal government, "may obtain for trial a prisoner incarcerated in another member jurisdiction and by which the prisoner may demand the speedy disposition of certain charges pending against him in another jurisdiction." United States v. Mauro, 436 U.S. 340, 343, 98 S.Ct. 1834, 1839, 56 L.Ed.2d 329 (1978). Article III(a) of the IAD establishes "relatively simple" procedures by which a prisoner may assert the right to obtain speedy disposition of pending charges. See Browning v. Foltz, 837 F.2d 276, 283 (6th Cir.1988), cert. denied sub nom. Browning v. Jabe, 488 U.S. 1018, 109 S.Ct. 816, 102 L.Ed.2d 805 (1989). Article III(a) provides:

[A prisoner] shall be brought to trial within one hundred and eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint.... The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decision of the State parole agency relating to the prisoner.

(Emphasis added). Article III(b) of the IAD states that

written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court....

(Emphasis added).

" '[C]ourts have generally required that prisoners must strictly comply with IAD procedures before they will dismiss charges on the basis of a violation of [the 180 day provision of] Article III.' " Casper v. Ryan, 822 F.2d 1283, 1292 (3d Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 714, 98 L.Ed.2d 664 (1988), quoting Nash v. Jeffes, 739 F.2d 878, 884 (3d Cir.1984), rev'd on other grounds sub nom. Carchman v. Nash, 473 U.S. 716, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985); see also Johnson v. Stagner, 781 F.2d 758, 761 (9th Cir.1986) (" 'formal requirements must be met before the timely trial provisions of the IAD come into play' " (quoting Tinghitella v. California, 718 F.2d 308, 312 (9th Cir.1983)).

A vital aim of the requirement of strict compliance is to assure that the appropriate prosecuting authorities promptly are placed on notice when Article III is invoked by an inmate. The inmate bears the burden of demonstrating compliance with the formal procedural requirements of Article III. United States v. Moline, 833 F.2d 190, 192 (9th Cir.1987). If a premature communication, or one which is misdirected or fails to provide the information required by Article III, were considered sufficient to trigger the 180-day provision under the IAD, it "could create 'a trap for unwary prosecuting officials,' " Casper, 822 F.2d at 1292-1293 (quoting Nash, 739 F.2d at 884), and undermine the primary purpose of Article III, that of affording a " 'systematic method of rapidly adjudicating charges against prisoners held in another jurisdiction,' " id.; see also Johnson, 781 F.2d at 762. We hold that the premature letter Henson directed to the district court, at a time when there were no charges pending against him, was neither reasonably calculated to alert, nor did it alert, either the court, the prosecutor, or the appropriate custodial officials of Henson's intention to invoke his right to speedy disposition under the IAD.

Henson contends that he made a "good faith" effort at invoking Article III, which should be considered sufficient in these circumstances since his failure to meet certain formal requirements was due to neglect on the part of custodial authorities. Cf. Casper, 822 F.2d at 1293 ("Strict compliance with Article III may not be required when the prisoner has done everything possible, and it is the custodial state that is responsible for the default.").

Article III(c) of the IAD requires that--

[t]he warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(Emphasis added). Henson concedes that Massachusetts prison authorities informed him of the federal detainer on October 17, 1988, but he contends that the record fails to show that they notified him of his "right to make a request for final disposition." He correctly points out that federal officials failed to check the box on the detainer form which would have requested the "person having custody of the prisoner ... to advise the prisoner of his right to demand trial."

Notwithstanding the checkmark omission by federal officials, however, the record demonstrates that Massachusetts prison officials indeed did advise Henson of the right to request speedy disposition of the charges to which the detainer related. The same form used to advise Henson on October 17, 1988 that a detainer had been lodged against him, likewise informed him that he had

the right to apply for a speedy trial on any untried indictment or complaint from any court in the Commonwealth in accordance with Rule 36(b), Mass. Rules of Criminal Procedures dated 7-1-79; Probation defaults in accordance with Mass.Gen.Laws Chapter 279, Section 3; Out of State or Federal under the Interstate Agreement on Detainers.

(Emphasis added). The form reflects that a copy was sent to the inmate. Henson concedes that his caseworker received the form...