(concurring in part and dissenting in part). While I concur in the decision to affirm the matter of docket no. 77-2585, I must strongly dissent from the affirmance of the lower court’s dismissal of the charges in docket nos. 78-3658 and 78-3659 on the basis that Article IV(e) of the interstate agreement on detainers (IAD) required dismissal when defendant was returned to Terre Haute before trial.
Articles I and II of the IAD1 provide as follows:
"ARTICLE I
"The party states find that charges outstanding *308against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of co-operative procedures. It is the further purpose of this agreement to provide such co-operative procedures.
"ARTICLE II
"As used in this agreement:
"(a) 'State’ shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
"(b) 'Sending state’ shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.
"(c) 'Receiving state’ shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.”
The majority reasons that defendant was transferred from Milan to Terre Haute at a time when trial was not scheduled to begin for another four months. Testimony in a federal court hearing involving the same issue indicated that defendant’s transfer was initiated by a United States deputy marshal who believed he received authorization for such a move from an assistant prosecuting attorney who undisputedly was in Europe at the time of the alleged authorization. An assump*309tion should not be made that some unknown person in the prosecutor’s office gave permission to transfer defendant from Milan to Terre Haute. The State of Michigan, the receiving state, should not be charged, under the facts in this case, with the transfer of the defendant from Milan, a federal facility, to Terre Haute, another federal facility.
Assuming for purposes of argument that the defendant was transferred from Milan to Terre Haute on the basis of authorization granted to the federal marshal by an unknown assistant prosecuting attorney, the return to Terre Haute from Milan did not constitute a violation of IAD. Under the definitions found in Article II of the IAD, the United States is a "state” for purposes of the IAD. In this case the transfer was from Milan, a part of the sending state, to Terre Haute, another part of the sending state. The defendant, while at Milan or at Terre Haute, never left the custody of the United States, which was the sending state herein under the IAD. To determine in this case that a transfer occurred in violation of IAD would require a determination that the transfer was from the receiving state to the sending state. This we cannot do on the facts before us.
While I affirm the matter in docket no. 77-2585, I would reverse the lower court’s dismissal of the charges in docket nos. 78-3658 and 78-3659.
MCL 780.601 et seq.; MSA 4.147(1) et seq., 18 USC Appendix § 2.