You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Sorenson v. United States

Citations: 539 F. Supp. 865; 1982 U.S. Dist. LEXIS 12613Docket: 81 Civ. 1893

Court: District Court, S.D. New York; April 2, 1982; Federal District Court

Narrative Opinion Summary

In this case, a federal inmate petitioned for a writ of habeas corpus under 28 U.S.C. § 2241, seeking to prevent his transfer to state custody for retrial on two indictments after previous convictions were reversed. The petitioner argued that the transfer would contravene his rights under the Interstate Agreement on Detainers, specifically citing the Supreme Court decision in Cuyler v. Adams to claim a right to a pre-transfer judicial hearing. The court, however, determined that the Uniform Criminal Extradition Act, which could provide for such a hearing, does not apply at the federal level. Consequently, the court found no legal basis for the petitioner's claim to a judicial hearing. The petition was dismissed as the petitioner's other claims had been previously adjudicated and rejected in past proceedings. The decision was rendered by Judge Gagliardi, affirming the lack of entitlement to a hearing under the cited legal provisions.

Legal Issues Addressed

Application of the Uniform Criminal Extradition Act

Application: The court determined that the Uniform Criminal Extradition Act, which could allow a challenge to transfers, does not apply at the federal level, thereby negating the petitioner's claim.

Reasoning: In Cuyler, the Court determined that prisoners could challenge transfers under state or federal law if the jurisdiction had adopted the Uniform Criminal Extradition Act, which grants such rights. Since the Extradition Act is not applicable at the federal level and Sorenson cited no other legal basis for a hearing, the court concluded that he lacked the right to a pre-transfer judicial hearing.

Dismissal of Repeated Claims

Application: The court dismissed the petition because the petitioner’s claims had been previously addressed and rejected in earlier proceedings.

Reasoning: The court dismissed Sorenson's petition, noting that his other claims had been previously addressed and rejected in prior proceedings.

Habeas Corpus Petition under 28 U.S.C. § 2241

Application: The petitioner sought to use habeas corpus to prevent his transfer to state custody, arguing that such transfer violated his rights under the Interstate Agreement on Detainers.

Reasoning: William Sorenson, a federal prisoner at F.C.I. Otisville, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241 to prevent his transfer to state custody, arguing that such a transfer would violate his rights under the Interstate Agreement on Detainers.

Right to Judicial Hearing under the Interstate Agreement on Detainers

Application: The court found that the petitioner was not entitled to a judicial hearing before transfer because the Uniform Criminal Extradition Act, cited in Cuyler v. Adams, was not applicable at the federal level.

Reasoning: Sorenson’s primary argument was based on the Supreme Court case Cuyler v. Adams, asserting he was entitled to a judicial hearing before any transfer under the Detainer Agreement. However, the court found this argument without merit.