Alabama v. Bozeman, 533 U.S. 146, 11 (2001)

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156

ALABAMA v. BOZEMAN

Opinion of the Court

(emphasis added). And they may have sought to minimize the number of "shuttles" for that reason alone.

Viewing the Agreement in terms of either purpose, we cannot say that the one-day violation here is de mimimis, technical, or harmless. Neither do the briefs (or, to our knowledge, any lower court opinion) point to any other plausible rehabilitation-related purpose of Article IV(e) specifically, in terms of which the violation here might count as trivial. But we need not decide precisely what led Congress and the many other legislatures to agree to Article IV(e)'s antishuttling remedy. Given the Agreement's absolute language, it is enough to explain why Alabama's view of the Agreement's purpose is not plausible and to point to other purposes more easily squared with Article IV(e)'s text and operation.

C

Alabama and amici make additional claims, basically elaborating on the trial court's view that return to the sending State after a brief journey to the receiving State for pretrial purposes is helpful, not harmful, to the prisoner. But given Article IV's text, which indicates a contrary view, the parties would more appropriately address these policy arguments to legislatures.

The Solicitor General also points to a federal statutory provision that says expressly that an "order of a court dismissing any indictment, information, or complaint may be with or without prejudice," depending on the "seriousness of the offense," the "facts and circumstances of the case," and the "impact of a reprosecution on the administration of the agreement" and "on the administration of justice." 18 U. S. C. App. § 9(1), p. 695. This statutory provision, however, governs only when "the United States is a receiving State." § 9. And here the United States is not the receiving State. We fail to see how this provision helps, rather than hurts, Alabama's cause. Although we reject Alabama's interpretation of the Agreement, our decision does not bar a

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