(DOWNLOAD) "Mars V. United States" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Mars V. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This case is before the court on appeal from a judgment entered by the district court after remand denying appellant's petition for relief from judgment pursuant to 28 U.S.C. § 2255. 463 F. Supp. 87 (E.D.Mich.1978). On September 26, 1975 appellant Joseph H. Mars was convicted of bank robbery in violation of 18 U.S.C. § 2113(a) and received a ten year prison term to run consecutively with a six-month term for criminal contempt.*fn1 The issues presented for appellate review are three: whether a violation of the Interstate Agreement on Detainers Act*fn2 (hereinafter IAD or Act) is cognizable under 28 U.S.C. § 2255; whether appellant's failure to raise his IAD claim prior to or during trial constitutes a waiver of any claim for relief under the Act; and whether the Supreme Court's decision in United States v. Mauro, 436 U.S. 340, 98 S. Ct. 1834, 56 L. Ed. 2d 329 (1978), should receive retroactive application to the facts of the instant case. For the reasons stated below, we affirm.