United States v. Pleau
680 F.3d 1
1st Cir.2012Background
- Jason Pleau was indicted in federal court for robbery and murder-related offenses and faces potential death-penalty considerations, with the federal case proceeding in parallel to state charges.
- Pleau was in Rhode Island state custody on parole violation charges when the federal indictment was filed, and the IAD detainer was lodged to secure his presence for federal proceedings.
- Rhode Island Governor Chafee refused to honor the IAD detainer, citing Rhode Island’s public policy against the death penalty.
- When the governor refused, the United States sought Pleau’s custody via a writ of habeas corpus ad prosequendum to bring him to federal court.
- A duty panel stayed the writ, and the case eventually proceeded to en banc review, which upheld the writ and allowed the stay to be vacated, prompting Pleau and Chafee to seek relief.
- The principal question is whether the IAD precludes use of a habeas writ after a detainer, and whether the governor’s withholding authority can be overridden by federal process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the IAD preclude habeas writ after a detainer converts to a request for custody? | Pleau argues IAD governs and the writ is subject to IAD constraints. | United States contends Mauro allows the writ to circumvent IAD procedures if a detainer is involved. | IAD governs; writ treated as a written request for custody under IAD. |
| Does the Supremacy Clause empower the federal writ to override a governor's refusal under the IAD? | United States asserts Supremacy Clause overrides state refusal when detainer is invoked. | Chafee and Pleau rely on Mauro to preserve state prerogatives under Article IV(a). | Supremacy Clause does not override the IAD; Mauro controls; governor may refuse. |
| Whether the governor’s refusal to surrender can be overcome by a habeas writ under federal law. | Once detainer is lodged, federal authority should compel surrender to federal court. | Governor retains authority to refuse custody under IAD Article IV(a). | Governor's refusal remains valid; writ cannot compel surrender against IAD. |
Key Cases Cited
- United States v. Mauro, 436 U.S. 340 (1978) (detainer triggers IAD applicability; ad prosequendum treated as written request for temporary custody when detainer lodged)
- Ponzi v. Fessenden, 258 U.S. 254 (1922) (comity principles; preserved rights of sending states; framework for state-federal custody interactions)
- United States v. Scheer, 729 F.2d 164 (2d Cir. 1984) (discusses Article IV(a) effects of habeas writs following a detainer; cited in context of comity and IAD)