The Federal Criminal Appeals Blog
It has been a good year for defendants and the Interstate Agreement on Detainers.
A few months ago, the First Circuit held that the government cannot request a writ from a district court to bring a person in state custody to federal custody if they have already requested the person’s transfer under the Interstate Agreement on Detainers – after the governor of the state told them that he was denying the federal request.
Now, the Sixth Circuit* orders that an indictment be dismissed with prejudice under the Sixth Amendment’s Speedy Trial guarantee because the government botched a request under the Interstate Agreement on Detainers. The case is United States v. Ferreira.