(Article V(d)) ] It is not clear whether the examination of the latter is compulsory. Applicability of the Agreement: The Agreement applies only to “a person who has served a sentence of imprisonment in a penitentiary or penitentiary establishment” (Articles III (a) and IV (a)) and therefore does not apply to a person awaiting trial. See United States vs. Reed, 620 F.2d 709, 711-12 (9th Cir.), certificate refused, 449 U.p. 880 (1980); United States v. Evans, 423 F. Supp. 528, 531 (S.D.N.Y. 1976), aff`d, 556 F.2d 561 (2d Cir. 1977).
Since the agreement only applies to a prisoner based on a pending “indictment, information or complaint” requiring a “procedure” (Articles III (a) and IV (a)), the agreement does not apply to a prisoner based on a probation warrant. See Reed, above. The procedure for the order of prisoners for a suspended offence is set at 18 U.S.C 4214 (b). However, in order to avoid litigation and the risk of invalidity of prosecution, the return of prisoners should be postponed until the imposition of the sentence or a hearing in accordance with section 9. . .