Lamont Hudson v. John Moran, Sheriff, Clark Cnty., Nevada Brian McKay Attorney Gen., State of Nevada, 760 F.2d 1027 (9th Cir. 1985). · Go Syfert
Lamont Hudson v. John Moran, Sheriff, Clark Cnty., Nevada Brian McKay Attorney Gen., State of Nevada, 760 F.2d 1027 (9th Cir. 1985). Cases Citing This Book View Copy Cite
“as a general rule, one who voluntarily and intelligently pleads guilty to a criminal 26 charge may not subsequently seek federal habeas relief on the basis of pre-plea constitutional violations.”
53 citation events (24 in the last 25 years) across 10 distinct courts.
Strongest positive: Turner v. Filson (nvd, 2020-09-02)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (quoted) Turner v. Filson
D. Nev. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
as a general rule, one who voluntarily and intelligently pleads guilty to a criminal 26 charge may not subsequently seek federal habeas relief on the basis of pre-plea constitutional violations.
cited Cited as authority (rule) Jay Donald Witkowski v. Jim Salmonsen; Attorney General of the State of Montana
D. Mont. · 2025 · confidence medium
Hudson v. Moran, 760 F. 2d 1027, 1029-30 (9th Cir. 1985).
cited Cited as authority (rule) Rowe v. Andrewjeski
W.D. Wash. · 2024 · confidence medium
Haring v. Prosise, 462 U.S. 306, 319-20 (1983); Hudson v. Moran, 14 760 F.2d 1027, 1029-30 (9th Cir. 1985).
discussed Cited as authority (rule) Kinford v. Garrett
D. Nev. · 2020 · confidence medium
Thus, “[a]s a 20 general rule, one who voluntarily and intelligently pleads guilty to a criminal charge may 21 not subsequently seek federal habeas relief on the basis of pre-plea constitutional 22 violations.” Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir. 1985). 23 However, Tollett does not bar all post-conviction claims alleging pre-plea 24 violations.
discussed Cited as authority (rule) (HC) Scott v. Fox
E.D. Cal. · 2020 · confidence medium
He may only attack the 13 voluntary and intelligent character of the guilty plea by showing that the advice he received from counsel was not within the standards set 14 forth in McMann. 15 Tollett v. Henderson, 411 U.S. 258, 267 (1973), citing McMann v. Richardson, 397 U.S. 759 , 771 16 (1970).7 In other words, parties “who voluntarily and intelligently plead[ ] guilty to a criminal 17 charge may not subsequently seek federal habeas corpus relief on the basis of pre-plea 18 constitutional violations.” Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir. 1985).
discussed Cited as authority (rule) Moore v. Williams
D. Nev. · 2020 · confidence medium
Therefore, “[a]s 11 a general rule, one who voluntarily and intelligently pleads guilty to a criminal charge may 12 not subsequently seek federal habeas relief on the basis of pre-plea constitutional 13 violations.” Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir. 1985) (citations omitted). 14 A criminal defendant who pleads guilty (or no contest, which is the equivalent of a plea of 15 guilty) “may only attack the voluntary and intelligent character of the guilty plea,” Tollett, 16 411 U.S. at 267 , by showing that the advice he received from counsel was not “within the 17 range of…
cited Cited as authority (rule) Goodloe v. Smelser
10th Cir. · 2010 · confidence medium
See, e.g., Baxter v. United States, 966 F.2d 387, 389 (8th Cir.1992); United States v. Fulford, 825 F.2d 3, 10 (3d Cir.1987); Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.1985).
cited Cited as authority (rule) Cruz v. Roe
9th Cir. · 2004 · confidence medium
Hudson v. Moran, 760 F.2d 1027, 1030 (9th Cir.1985).
discussed Cited as authority (rule) United States of America,plaintiff-Appellee v. Alejandro Ramirez-Cortez, AKA Martin Ramirez-Cortez, AKA Julio Ceasar Martinez (2×)
9th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Mentz, 840 F.2d 315, 331 (6th Cir. 1988) (where defendant's vacilla tion in changing to a guilty plea lulled the govern ment into suspending its trial preparation, delay attributed to him not government); United States v. Bolton, 905 F.2d 319, 322 (10th Cir. 1990), cert. denied, 498 U.S.1029, 111 S.Ct. 683 , 112 L.Ed.2d 674 (1991) (need for continuance due to defendant's last minute vacillations regarding representation and waiver of STA rights attributed to him because defendant cannot "string the court along by delaying in retaining counsel and then use the [STA] as a sw…
discussed Cited as authority (rule) Walters v. People of State of Cal.
C.D. Cal. · 1998 · confidence medium
Haring v. Prosise, 462 U.S. 306, 319-20 , 103 S.Ct. 2368, 2376 , 76 L.Ed.2d 595 (1983); Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602, 1608 , 36 L.Ed.2d 235 (1973); Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 , 106 S.Ct. 387 , 88 L.Ed.2d 339 (1985).
discussed Cited as authority (rule) Larry E. Santos v. Daniel E. Lungren, and P. Koehane, Warden
9th Cir. · 1996 · confidence medium
Harris v. Vasquez, 949 F.2d 1497, 1510 (9th Cir.1990); Hudson v. Moran, 760 F.2d 1027, 1028 (9th Cir.1985) (reviewing habeas petition based on alleged IAD violation). 4 Santos correctly asserts that the district court improperly ruled that he is precluded from seeking federal habeas relief because his guilty plea waived any pre-plea violation of the IAD.
discussed Cited as authority (rule) Richard Allan Moran v. Salvador Godinez, Warden (2×)
9th Cir. · 1995 · confidence medium
In Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 , 106 S.Ct. 387 , 88 L.Ed.2d 339 (1985), we stated, 83 As a general rule, one who voluntarily and intelligently pleads guilty to a criminal charge may not subsequently seek federal habeas corpus relief on the basis of pre-plea constitutional violations.
discussed Cited as authority (rule) Richard Allan Moran v. Salvador Godinez, Warden (2×)
9th Cir. · 1994 · confidence medium
In Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 , 106 S.Ct. 387 , 88 L.Ed.2d 339 (1985), we stated, 50 As a general rule, one who voluntarily and intelligently pleads guilty to a criminal charge may not subsequently seek federal habeas corpus relief on the basis of pre-plea constitutional violations.
discussed Cited as authority (rule) Joel Soza Moreno v. United States (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.1985).
cited Cited as authority (rule) United States v. Martin H. Stanwood
9th Cir. · 1994 · confidence medium
Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.1985).
discussed Cited as authority (rule) William Douglas Hart v. James Gomez, Director
9th Cir. · 1994 · confidence medium
See Tollett v. Henderson, 411 U.S. 258, 267 (1973); Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 (1985). 12 Finally, Hart contends that he received ineffective assistance of counsel because his attorney did not object to the use of the prior convictions or to charging errors.
discussed Cited as authority (rule) United States v. Robert Brian Boeckman
9th Cir. · 1993 · confidence medium
"As a general rule, one who voluntarily and intelligently pleads guilty to a criminal charge may not subsequently seek federal habeas corpus relief on the basis of pre-plea constitutional violations." Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 (1985); see also United States v. Bohn, 956 F.2d 208, 209 (9th Cir.1992) (per curiam). 4 On September 25, 1987, Boeckman entered into a written plea agreement.
cited Cited as authority (rule) Eugene H. Pietsch, Jr. v. William Gotcher, Warden
9th Cir. · 1992 · confidence medium
Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 (1985).
discussed Cited as authority (rule) United States v. Howard Stanton Lewis
9th Cir. · 1992 · signal: cf. · confidence medium
See United States v. Mentz, 840 F.2d 315, 331 (6th Cir.1988) (where defendant’s vacilla-. tion in changing to a guilty plea lulled the government into suspending its trial preparation, delay attributed to him not government); United States v. Bolton, 905 F.2d 319, 322 (10th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 683 , 112 L.Ed.2d 674 (1991) (need for continuance due to defendant’s last minute vacillations regarding representation and waiver of STA rights attributed to him not government); United States v. Studnicka, 777 F.2d 652, 657-58 (11th Cir.1985) (continuance granted defendan…
cited Cited as authority (rule) Steven Carl Ray v. United States
9th Cir. · 1992 · confidence medium
Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 (1985).
discussed Cited as authority (rule) Alfred A. Smith, AKA James Farrell v. William Rhodes, Warden
9th Cir. · 1991 · confidence medium
See United States v. Fulford, 825 F.2d 3, 10 (3rd Cir.1987); Beachem v. Attorney General of Missouri, 808 F.2d 1303, 1304 (8th Cir.1987) (per curiam); Hudson v. Moran, 760 F.2d 1027, 1030 (9th Cir.), cert. denied, 474 U.S. 981 (1985).
discussed Cited as authority (rule) Angel Ortiz Diamond v. Charles Plummer, Sheriff, of Alameda County, and Eddie Yest, Supt.
9th Cir. · 1989 · confidence medium
Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973); Hudson v. Moran, 760 F.2d 1027, 1030 (9th Cir.1985), cert. denied, 474 U.S. 981 , 106 S.Ct. 387 , 88 L.Ed.2d 339 (1985).
discussed Cited "see" Terry v. United States
D. Ariz. · 2021 · signal: see · confidence high
See Hudson v. 20 Moran, 760 F.2d 1027, 1029-30 (9th Cir. 1985). 21 EVIDENTIARY HEARING 22 Section 2255 requires that the district court grant a petitioner's motion to hold an 23 evidentiary hearing “unless the motion and the files and records of the case conclusively 24 show that the [movant] is entitled to no relief.” 28 U.S.C. § 2255 (b). “[A] court may deny 25 a hearing if the [movant]'s allegations, viewed against the record, fail to state a claim for 26 relief or are ‘so palpably incredible or patently frivolous as to warrant summary 27 dismissal.’” United States v. McMullen,…
cited Cited "see" Weilburg v. Shapiro
9th Cir. · 2007 · signal: see · confidence high
See Hudson v. Moran, 760 F.2d 1027, 1029 (9th Cir.1985); Siegel v. Edwards, 566 F.2d 958, 960 (5th Cir.1978) (per curiam).
cited Cited "see" Weilburg v. Shapiro
9th Cir. · 2007 · signal: see · confidence high
See Hudson v. Moran, 760 F.2d 1027, 1029 (9th Cir.1985); Siegel v. Edwards, 566 F.2d 958, 960 (5th Cir.1978) (per curiam).
discussed Cited "see" Bianchi v. Blodgett
9th Cir. · 1994 · signal: see · confidence high
See Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.) (voluntary and intelligent guilty plea precludes federal habeas relief based upon "independent claims" of pre-plea constitutional violations) (quoting Tullett v. Henderson, 411 U.S. 258, 267 (1973)), cert. denied, 474 U.S. 981 (1985) 4 At the sentencing hearing, his attorney indicated that the reason for recommending the plea was twofold: Number one, a realistic appraisal of a probable outcome of a jury trial.
cited Cited "see" Andres Carrasco-Aragon v. United States
9th Cir. · 1994 · signal: see · confidence high
See Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.), cert. denied, 474 U.S. 981 (1985).
examined Cited "see" Donald G. Johnson v. Alan A. Stagner, Warden (3×) also: Cited "see, e.g."
9th Cir. · 1986 · signal: see · confidence high
See Hudson v. Moran, 760 F.2d 1027, 1028 (9th Cir.1985).
discussed Cited "see, e.g." Ellawendy v. Monterey County Superior Court
N.D. Cal. · 2023 · signal: see also · confidence medium
See Haring v. Prosise, 462 U.S. 306, 319-20 (1983) (guilty plea 22 forecloses consideration of pre-plea constitutional deprivations); Tollett v. Henderson, 411 23 U.S. 258 , 266-67 (1973) (same); United States v. Jackson, 697 F.3d 1141, 1144 (9th Cir. 24 2012) (by pleading guilty defendant waived right to challenge pre-plea violation of Speedy 25 Trial Act); Moran v. Godinez, 57 F.3d 690, 700 (9th Cir. 1994) (refusing to consider 26 contention that petitioner’s attorneys were ineffective because they failed to attempt to 27 Case No. 20-02708 BLF (PR) 1 prevent the use of his confession as pr…
discussed Cited "see, e.g." Powers v. Covello
N.D. Cal. · 2020 · signal: see also · confidence medium
See Haring v. Prosise, 462 U.S. 306, 319-20 (1983) (guilty plea forecloses 23 consideration of pre-plea constitutional deprivations); Tollett v. Henderson, 411 U.S. 258 , 266-67 24 (1973) (same); United States v. Jackson, 697 F.3d 1141, 1144 (9th Cir. 2012) (by pleading guilty 25 defendant waived right to challenge pre-plea violation of Speedy Trial Act); Moran v. Godinez, 57 26 1 The Court affords petitioner application of the mailbox rule as to the filing of his habeas petition. 27 Houston v. Lack, 487 U.S. 266, 275-76 (1988) (pro se prisoner filing is dated from the date 1 F.3d 690, 700 (9t…
discussed Cited "see, e.g." Brenda Yvonne Armstrong v. United States
9th Cir. · 1992 · signal: see also · confidence medium
See also, Hudson v. Moran, 760 F.2d 1027, 1029-30 (9th Cir.1985), cert. denied, 474 U.S. 981 (1985) (A person who voluntarily pleads guilty to a criminal charge may not seek habeas corpus relief on the basis of pre-plea constitutional violations).
Retrieving the full opinion text from the archive…
Lamont HUDSON, Plaintiff-Appellant,
v.
John MORAN, Sheriff, Clark County, Nevada; Brian McKay, Attorney General, State of Nevada, Defendants-Appellees
84-1886.
Court of Appeals for the Ninth Circuit.
May 17, 1985.
760 F.2d 1027
1985 U.S. App. LEXIS 31219
Cal J. Potter, Las Vegas, Nev., for plaintiff-appellant., Johnnie B. Rawlinson, Las Vegas, Nev., for defendants-appellees.
Duniway, Farris, Beezer.
Cited by 43 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Nevada (1)
BEEZER, Circuit Judge:

Appellant, a state prisoner, appeals the district court’s order denying his petition for writ of habeas corpus. Appellant challenges his extradition from California to Nevada and contends that Nevada officials are holding him in violation of Nevada law. We affirm.

FACTS

On April 24, 1980, appellant Lamont Hudson (“Hudson”) was arrested in Nevada for possession and sale of a controlled substance. A criminal complaint was filed on May 2, 1980, and Hudson was held to answer on July 8. He entered a plea of not guilty, and continued on bail pending trial on October 13. He failed to appear for calendar call on October 8. A new trial date of December 8, 1980 was set but subsequently vacated when Hudson’s attorney withdrew.

Trial dates in February and May 1981 were vacated because of Hudson’s incarceration in California for another felony conviction. On August 26, 1981, a Nevada bench warrant was issued for Hudson’s arrest.

On October 1, 1981, the Clark County District Attorney sent a request for temporary custody to the California Correctional Center at Susanville. On January 28, 1982, the California Correctional Center offered to deliver temporary custody of Hudson. Hudson filed a petition for writ of habeas corpus in California Superior Court, challenging his extradition to Nevada. The California court denied the motion on May 21, and Hudson was transported to Nevada to stand trial on May 28, 1982.

On February 7, 1983, Hudson filed a motion to dismiss the information in Nevada District Court. The Nevada court denied the motion on March 4, 1983. Hudson subsequently appealed to the Nevada Supreme Court. His petition was denied on August 25, 1983.

On September 20, 1983, Hudson filed a petition for writ of habeas corpus in the United States District Court, District of Nevada, pursuant to 28 U.S.C. § 2254. Hudson then entered a plea of guilty on September 30, 1983, in the Nevada court and was subsequently sentenced to seven years in the Nevada State Prison. On January 23, 1984, the district court denied the petition for habeas corpus. Hudson filed a timely notice of appeal.

Hudson applied for a Certificate of Probable Cause under 28 U.S.C. § 2253. The district court denied the application on March 23, 1984, but this court granted the application on April 24, 1984.

Hudson urges us to grant him relief on the grounds that he was not brought to trial in a timely manner, and that Nevada’s failure to obtain the endorsement of its governor invalidated the detainer. The Nevada officials argue that Nevada’s Extradition Act does not apply to extraditions conducted under the Interstate Agreement on Detainers, and that Hudson’s guilty plea precludes him from challenging his extradition.

ANALYSIS

This court reviews a petition for writ of habeas corpus de novo. See Roth v. United States Parole Commission, 724 F.2d 836, 839 (9th Cir.1984).

I

The Extradition Act Applies to Extraditions Conducted Under the Interstate Agreement

Hudson was extradited under the Interstate Agreement on Detainers [“Interstate[*1029] Agreement”], 18 U.S.C. app. Ill, codified in Nevada at Nev.Rev.Stat. § 178.620, et seq. The Interstate Agreement and the Uniform Criminal Extradition Act [“Extradition Act”] both establish procedures for the transfer of a prisoner in one jurisdiction to the temporary custody of another jurisdiction. Cuyler v. Adams, 449 U.S. 433, 443, 101 S.Ct. 703, 709, 66 L.Ed.2d 641 (1981). The Interstate Agreement is an interstate compact approved by Congress. Its interpretation therefore presents a question of federal law. Id. at 442, 101 S.Ct. at 708; see also Brown v. Wolff, 706 F.2d 902, 905 (9th Cir.1983).

The Extradition Act contains more specific procedural safeguards than the Interstate Agreement. It has been incorporated into the state laws of the 48 states which have adopted it and is codified in Nevada at Nev.Rev.Stat. § 179.177, et seq.

The United States Supreme Court held in Cuyler that the Interstate Agreement preserves a prisoner’s procedural safeguards existing under state or federal law, except those expressly withheld by the Agreement itself. Cuyler v. Adams, 449 U.S. at 450, 101 S.Ct. at 712.

The Nevada officials assert that because Nevada requested Hudson’s extradition under the Interstate Agreement, it was not required to comply with the technical provisions of the Nevada Extradition Act. This argument lacks merit.

II

The Nevada Officials’ Failure to Obtain the Governor’s Endorsement Invalidated the Detainer

Nev.Rev.Stat. § 178.620, Art. IV(d) specifically dispenses with section 179.183’s requirement that the governor of the sending state approve the requested detainer. In Housewright v. Lefrak, Nev., 669 P.2d 711 (1983), however, the Nevada Supreme Court clearly established which detainer procedures require executive approval by the demanding state.

In Housewright, the court defined a “detainer” as an “informal notice of charges pending in another jurisdiction, ... not a request that the state in which the prisoner is incarcerated ... transfer the prisoner.” Housewright, 669 P.2d at 713. Therefore, a detainer may be filed by a district attorney without approval of the demanding state’s governor. When a state officially requests another state to act on a detainer by filing a request for temporary custody to obtain involuntary transfer of a prisoner under Article IV, however, the demanding state’s governor must approve the request “as a procedural safeguard attendant to extradition proceedings retained by the Agreement on Detainers.” Id.

On October 1, 1981, the Clark County District Attorney issued a request for temporary custody under Nev.Rev.Stat. § 178.-620, Art. IV(d). However, there is no indication in the record, nor do the Nevada officials claim, that the Governor of Nevada ever approved the request as required by Nev.Rev.Stat. § 179.223. In pertinent part, the statute says:

1. When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the governor his written application for a requisition for the return of the person charged____
3. ... One copy of the application, with the action of the governor indicated by endorsement thereon ... shall be filed in the office of secretary of state____ The other copies shall be forwarded with the governor’s requisition. [Emphasis added.]

Because the Clark County District Attorney did not seek or obtain the governor’s approval, the detainer procedure used to secure Hudson’s extradition was invalid. However, we cannot agree with Hudson that the detainer’s invalidity alone is sufficient ground for granting habeas relief in this case.

Ill

Hudson’s Guilty Plea Precludes Him From Seeking Habeas Corpus Relief

As a general rule, one who voluntarily and intelligently pleads guilty to a[*1030] criminal charge may not subsequently seek federal habeas corpus relief on the basis of pre-plea constitutional violations. Haring v. Prosise, 462 U.S. 306, 319-20, 103 S.Ct. 2368, 2376, 76 L.Ed.2d 595 (1983); Tollett v. Henderson, 411 U.S. 258, 266, 267, 93 S.Ct. 1602, 1607, 1608, 36 L.Ed.2d 235 (1973); Mitchell v. Superior Court, 632 F.2d 767, 769 (9th Cir.1980), cert. denied, 451 U.S. 940, 101 S.Ct. 2021, 68 L.Ed.2d 327 (1981). A defendant may only attack the “voluntary and intelligent character of the guilty plea,” Tollett, 411 U.S. at 267, 93 S.Ct. at 1608, by showing that the advice he received from counsel was not “within the range of competence demanded of attorneys in criminal cases.” McMann v. Richardson, 397 U.S. 759, 771, 90 S.Ct. 1441, 1449, 25 L.Ed.2d 763 (1970).

Hudson concedes that he entered a guilty plea upon advice of counsel. However, he contends that because he was not informed that such a plea would foreclose subsequent habeas relief, he should now be allowed to challenge the extradition proceedings.

Hudson has not alleged, nor does the record indicate, that the advice from Hudson’s attorney was not within the range of competence demanded of attorneys in criminal cases. Therefore, his guilty plea precludes habeas relief.

Hudson also relies on Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974) to support his habeas petition. Blackledge is easily distinguishable from the matter before us. In Black-ledge, the government brought a felony charge in alleged retaliation for a defendant’s exercise of his statutory right to a trial de novo on his misdemeanor conviction. The Supreme Court held that the “very initiation of the proceedings against [the defendant] operated to deny him due process of law.” Blackledge, 417 U.S. at 30, 31, 94 S.Ct. at 2103, 2104. The defendant’s due process claim invalidated the very charge on which he was being held.

By contrast, Hudson’s attack on his extradition does not support a claim that his Nevada conviction was improperly rendered. Thus, Blackledge does not entitle Hudson to habeas relief.

IV

Hudson Is Barred From Raising A Speedy Trial Claim

It is well settled that when a defendant’s dilatory tactics prevent trial from commencing within the statutory period, the state will not be charged with responsibility for the delay. Brinkman v. State, 95 Nev. 220, 592 P.2d 163, 165 (1979); Hardison v. State, 93 Nev. 551, 571 P.2d 107, 108 (1977).

Nev.Rev.Stat. § 178.620, Art. IV(c) requires trial to begin within 120 days of the prisoner’s arrival in the receiving state; however, the trial court may grant continuances for good cause. If the defendant is not tried within that period, the charges will be dismissed with prejudice, absent good cause shown. Nev.Rev.Stat. § 178.-620, Art. IV(c).

. Hudson was delivered to Nevada on May 28, 1982. He filed his motion to dismiss on February 7, 1983, and had then been in the custody of Nevada prison officials for 255 days, 135 more than allowed by statute.

In its points and authorities in opposition to Hudson’s motion to dismiss, the Nevada officials state that Hudson “engaged in every conceivable delatory [sic] tactic imaginable to avoid going to trial____ This Court is well aware of the actions taken by the defendant.” After hearing argument, the Nevada District Court denied the motion. Hudson concedes in his Emergency Petition for Writ of Prohibition the court found that any delays were due to Hudson’s many requests for continuances.

The Nevada state court record is not included as part of the record on appeal; therefore, the number and nature of Hudson’s pre-trial motions cannot be determined. However, Hudson never refutes the district court’s finding that trial delays were due to his continuances, nor does he challenge the government’s character[*1031] ization of his motions as dilatory. Under the holdings of Brinkman and Hardison, supra, Hudson is precluded from raising a speedy trial issue.

The district court is AFFIRMED.