United States v. Henry Thomas Bottoms, 755 F.2d 1349 (9th Cir. 1985). · Go Syfert
United States v. Henry Thomas Bottoms, 755 F.2d 1349 (9th Cir. 1985). Cases Citing This Book View Copy Cite
34 citation events (16 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) John Eric Homesley v. Lee County, State of Florida
M.D. Fla. · 2025 · confidence medium
Ct. App. 1991) (“An arrest warrant is not an ‘untried indictment, information, or complaint’ so as to trigger compliance with… the Interstate Agreement on Detainers statute.” (citing United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985)).
discussed Cited as authority (rule) Paul Perez, Jr. v. the State of Texas
Tex. App. · 2025 · confidence medium
It states that the detainers on file for Perez were a “Bell County Sheriff’s Department Warrant #KPD18-002813.” But “[a]n arrest warrant is not a detainer.” Davila, 623 S.W.3d at 9–10 (citing United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985) (holding that defendant was not subject to a detainer under the IADA when he “was being detained by virtue of an arrest warrant”)); see also State v. Morrison, 364 S.W.3d 779, 785 (Mo. Ct. App. 2012) (holding that a warrant for arrest “does not, itself, constitute a de facto detainer”); State v. Prentice, 170 N.C.
discussed Cited as authority (rule) United States v. Chris Repp
9th Cir. · 2021 · confidence medium
App. 2 § 2, does not apply here, see United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985), in March 2020, Repp, proceeding pro se, filed an ex parte motion, styled as a petition for a writ of habeas corpus ad prosequendum, seeking to be brought forthwith to the Central District of California to commence proceedings on the California supervised release petition while still serving his Arkansas federal sentence.
discussed Cited as authority (rule) in Re Charles L. Ryan (2×)
Tex. App. · 2004 · confidence medium
“Detainer,” within the meaning of the IADA, “refers to ‘detainers based on untried indictments, informations, or complaints.’” United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985) (quoting IADA, 18 U.S.C. app. § 2, art.
discussed Cited as authority (rule) Crawford v. State (2×)
Ind. · 1996 · confidence medium
United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir.1985); Accord United States v. Hall, 974 F.2d 1201, 1203 (9th Cir.1992). [5] *149 Similarly, the Virginia Supreme Court has held: Appellant construes Article III of [the I.A.D.] to require his case to be disposed of within 180 days following July 7, 1986 because, he says, the word "complaint" includes warrants of arrest such as the document upon which the detainer request was lodged.
cited Cited as authority (rule) McClellan Ecological Seepage Situation v. Cheney
E.D. Cal. · 1989 · confidence medium
See Nevada v. Herrington, 827 F.2d 1394, 1400 (9th Cir.1987); United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir.1985).
cited Cited as authority (rule) State v. Smith
Md. Ct. Spec. App. · 1987 · confidence medium
Bottoms, 755 F.2d at 1350.
discussed Cited "see" Neal Eugene McDonald v. Warden of North Branch Correctional Institution, Attorney General of Maryland
D. Maryland · 2026 · signal: see · confidence high
See United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985) (holding “arrest warrant” does not qualify as “untried indictment, information, and complaint” as used in IAD), see also Locklear v. Commonwealth, 7 Va. App. 659, 664 , 376 S.E.2d 793, 796-7 (1989) (same), compare State v. Smith, 316 Md. 223, 230 , 557 A.2d 1343, 1347 (1989) (holding arrest warrant coupled with statement of charges is enough to invoke IAD provisions).
discussed Cited "see" John Anthony Davila v. State
Tex. App. · 2020 · signal: see · confidence high
Proc. art. 15.01 (“A ‘warrant of arrest’ is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.”), with Mauro, 436 U.S. at 359 (describing detainer as “a notification filed with the institution in which a prisoner is serving a sentence, advising that he is wanted to face pending criminal charges in another jurisdiction”); see United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985) (concluding that statutory language of IADA d…
discussed Cited "see" Carlton v. State
Ga. Ct. App. · 2002 · signal: accord · confidence high
Accord United States v. Bottoms, 755 F.2d 1349 (9th Cir.1985); Crawford v. State, 669 N.E.2d 141, 148 (Ind. 1996); Taylor v. State, 582 So.2d 152 (Fla.1991); Locklear v. Commonwealth, 7 Va.App. 659 , 376 S.E.2d 793 (1989); Blakey v. District Court, 232 Mont. 178 , 755 P.2d 1380 (1988).
cited Cited "see" State v. Moore
Tenn. · 1989 · signal: see · confidence high
See United States v. Bottoms, 755 F.2d 1349 (9th Cir.1985); Blakey ¶.
cited Cited "see, e.g." Crespo v. Clarke
W.D. Va. · 2022 · signal: compare · confidence medium
Compare United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985), and Dozier v. State, 175 So. 3d 322, 326 (Fl.
discussed Cited "see, e.g." Ricky Lynn Williams v. Lorie Davis, Director, Texas Department of Criminal Justice And Debra Gibbs, Assistant Director, Classification and Records
Tex. App. · 2021 · signal: see also · confidence medium
Proc. art. 51.14(I); see also United States v. Bottoms, 755 F.2d 1349, 1350 (9th Cir. 1985) (IADA did not apply to detainer based on arrest warrant when no indictment, information, or complaint filed).
cited Cited "see, e.g." State of Arkansas v. Jerry Higginbotham
Ark. · 2020 · signal: see also · confidence low
See also United States v. Bottoms, 755 F.2d 1349 (9th Cir. 1985); Crawford v. State, 669 N.E.2d 141 (Ind. 1996); Blakey v. Dist.
cited Cited "see, e.g." State v. Dallas C. Herman
Mont. · 2013 · signal: see also · confidence low
Ct., 232 Mont. 178, 185 , 755 P.2d 1380, 1384 (1988) (citing Carchman v. Nash, 473 U.S. 716 , 105 S. Ct. 3401 (1985); see also U.S. v. Bottoms, 755 F.2d 1349 (9th Cir. 1985)).
discussed Cited "see, e.g." State v. Jennings, 07ap-443 (12-27-2007)
Ohio Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., U.S. v. Bottoms (C.A.9 1985), 755 F.2d 1349 ; Georgia v. Carlton (Ga. 2003), 276 Ga. 693 (arrest warrant did not constitute an "untried indictment, information, or complaint" under the IAD); Chu v. Commonwealth (Va. 2003), 61 Va. Cir. 338 ("Because the term `complaints' does not include bench warrants, the detainer does not fall under the above-quoted language and thus this jurisdiction is not required to act within the 180-day period."); Blakey v. District *Page 5 Court (Mont. 1988), 232 Mont. 178 , 185 ("[A] arrest warrant, unless it is based upon an untried indictment, informatio…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Henry Thomas BOTTOMS, Defendant-Appellant
84-5160.
Court of Appeals for the Ninth Circuit.
Feb 1, 1985.
755 F.2d 1349
Sharon R. Ellingsen, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellant., Carlton F. Gunn, Federal Public Defender, Los Angeles, Cal., for plaintiff-appellee.
Chambers, Pregerson, Reed.
Cited by 24 opinions  |  Published
CHAMBERS, Circuit Judge.

Bottoms escaped from federal custody while serving a federal bank robbery sentence. An arrest warrant was issued and the U.S. Marshal placed his name, with the relevant information as to the escape, in the computer of the Federal Crime Information Center. A month later Bottoms was arrested by California authorities and charged with another bank robbery. A routine check of the FDIC computer disclosed his escape status and the Marshal, on notification, teletyped a message to the California officials authorizing them to de-' tain Bottoms. The authority shown, and upon which the State officials relied, was that of the post-escape arrest warrant.

Bottoms remained in State custody, was convicted, and was then sent to the State prison at Chino, California. The Marshal’s office promptly filed a formal detainer, again relying on the authority of the arrest warrant, and it remained in Bottoms’ file at the prison. Nine months after the issuance of the teletyped detainer, and five months after the filing of the formal detainer, the U.S. Attorney sought and obtained an indictment charging Bottoms with the escape. See .18 U.S.C. § 751 (1982). The district court refused to dismiss the indict[*1350] ment, rejecting appellant’s argument that he had been denied his speedy trial rights under the Interstate Agreement on Detain-ers Act (hereinafter IADA), 18 U.S.C. App. § let seq. (1982), which requires trial within 180 days in most circumstances.

We affirm as we agree with the district judge that the statutory language does not apply to someone in Bottoms’ situation; While he was subject to detainers, they were not detainers as the word is defined in the Act. Article I of the IADA refers to “detainers based on untried indictments, informations, or complaints.” 18 U.S.C. App. § 2, art. I. It is clear that during the period prior to March 1984, the detainers were not supported by any indictment or information, or by any “complaint” as that word is defined in Fed.R.Crim. p. 3. He was being detained by virtue of the arrest warrant and the Marshal’s advice reciting the authority of that warrant. Once he was indicted, he was brought to trial within the time required by the Act.

Appellant contends that the word “complaints,” as used in the Act, should be interpreted in its lay, rather than its legal, technical sense. But its use as the final of a series of three technical terms, all related in the meaning, precludes accepting his argument. The principles of ejusdem generis and common sense dictate that “complaints” be read as a legal word of art, according to the Fed.R.Crim. p. 3 definition. The use of “untried” as the qualifier for all three words supports this conclusion. Similarly, IADA’s reference to the “dismissal with prejudice” of indictments, informations, and complaints, supports this conclusion. 18 U.S.C. App. § 2, art. 111(d).

Bottoms’ case has been well presented and we have considered his contention that nothing in the legislative history of the IADA suggests that the Congress intentionally sought to exclude him, and others in his situation, from the speedy trial protections of the Act. If the present statutory language mistakenly effects such an exclusion, then Congress might well wish to review the matter. If there is no mistake, Congress might still wish to reconsider its use of language in order to avoid false expectations by prisoners. [1]

Affirmed.

1

. The formal detainer filed at Chino carries on its face the statement: “Subject will not be prosecuted for this escape charge per the U.S. Attorney.” This misleading information is not explained by the government. The United States Attorney might wish to consider reviewing its procedures to eliminate false expectations arising due either to its carelessness or its change of mind.