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Chafee V. United States/Pleau V. United States

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Chafee V. United States/Pleau V. United States Nos. 12-223 and 12-230 In the Supreme Court of the United States LINCOLN D. CHAFEE, GOVERNOR OF RHODE ISLAND, PETITIONER v. UNITED STATES OF AMERICA, ET AL. JASON WAYNE PLEAU, PETITIONER v. UNITED STATES OF AMERICA, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION DONALD B. VERRILLI, JR. Solicitor General Counsel of Record LANNY A. BREUER Assistant Attorney General MICHAEL A. ROTKER Attorney Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTION PRESENTED Whether the Interstate Agreement on Detainers, 18 U.S.C. App. 2, permits the governor of a State to refuse to comply with a writ of habeas corpus ad prosequen- dum issued by a federal court to obtain custody of a state inmate facing federal criminal charges. (I) TABLE OF CONTENTS Page Opinions below ................................................................................1 Jurisdiction ......................................................................................2 Statement .........................................................................................2 Argument .......................................................................................11 Conclusion......................................................................................26 TABLE OF AUTHORITIES Cases: Alabama v. Bozeman, 533 U.S. 146 (2001) ............................4 Alabama v. Engler, 85 F.3d 1205 (6th Cir. 1996) ................14 Allen v. McCurry, 449 U.S. 90 (1980) ...................................13 Bollman, Ex parte, 8 U.S. (4 Cranch) 75 (1807) ....................3 Carbo v. United States, 364 U.S. 611 (1961) ..........................3 Cooper v. Aaron, 358 U.S. 1 (1958) ................................. 10, 16 Cuyler v. Adams, 449 U.S. 433 (1981) ....................................3 Davis, In re, 39 F.3d 1176 (4th Cir. 1994) ............................23 Demarest v. Manspeaker, 498 U.S. 184 (1991) ....................17 Derengowski v. United States Marshal, 377 F.2d 223 (8th Cir.), cert. denied, 389 U.S. 884 (1967) .................. 7, 23 Faragher v. City of Boca Raton, 524 U.S. 775 (1998) .........15 Heath v. Alabama, 474 U.S. 82 (1985) ..................................22 Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67 (1983) ......................................................................................23 John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (2008) ......................................................................15 Kentucky v. Dennison, 65 U.S. (24 How.) 66 (1861) ...........14 Neagle, In re, 135 U.S. 1 (1886) .............................................16 New York v. Hill, 528 U.S. 110 (2000) ....................................5 Posadas v. National City Bank, 296 U.S. 497 (1936) .........13 Preiser v. Rodriguez, 411 U.S. 475 (1973) ..............................3 (III) IV Cases—Continued: Page Puerto Rico v. Branstad, 483 U.S. 219 (1987) .....................14 Reed v. Farley, 512 U.S. 339 (1994) ........................................4 Royall, Ex parte, 117 U.S. 241 (1886) ...................................16 Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996) ........20 Tarble’s Case, 80 U.S. (13 Wall.) 397 (1872) .........................16 Trafny v. United States, 311 Fed. Appx. 92 (10th Cir. 2009) ......................................................................18 United States v. Beard, 41 F.3d 1486 (11th Cir. 1995) .......24 United States v. Blair, No. 10-00093-01-CR-W-GAF, 2011 WL 6032853 (W.D. Mo. Nov. 16, 2011) .....................18 United States v. Bryant, 612 F.2d 799 (4th Cir. 1979), cert. denied, 446 U.S. 919 (1980) .........................................18 United States v. Graham, 622 F.2d 57 (3d Cir.), cert. denied, 449 U.S. 904 (1980) ................................... 18, 19 United States v. Harden, 45 Fed. Appx. 237 (4th Cir. 2002) ........................................................................23 United States v. Hill, 622 F.2d 900 (5th Cir. 1980) .............19 United States v. Horn, 29 F.3d 754 (1st Cir. 1994) .............21 United States v. Kenaan, 557 F.2d 912 (1st Cir. 1977), cert. denied, 436 U.S. 943 (1978) ............... 4, 7, 13, 16 United States v. Mauro, 436 U.S. 340 (1978) ............. passim United States v. Scheer, 729 F.2d 164 (2d Cir. 1984) ........................................................................... 10, 19, 20 Washington v. Washington State Commercial Passenger Fishing Vessel Ass’n, 443 U.S. 658 (1979) ......................................................................................16 Constitution and statutes: U.S. Const.: Art. IV, § 2 (Extradition Clause) ....................................14 Art. VI (Supremacy Clause) ...................................... 17, 18 V Statutes—Continued: Page Act of Feb. 5, 1867, ch. 28, 14 Stat. 385................................. 17 Federal Death Penalty Act of 1994, 18 U.S.C. 3591 et seq.: 18 U.S.C. 3591...................................................................... 6 18 U.S.C. 3592...................................................................... 6 Hobbs Act, 18 U.S.C. 1951(a)................................................... 6 Interstate Agreement on Detainers Act, Pub. L. No. 91-538, 84 Stat. 1397 (18 U.S.C. App. 2, at 810): Art. I, 18 U.S.C. App. 2, at 810.................................... 4, 14 Art. III(a), 18 U.S.C. App. 2, at 810.................................. 5 Art. III(d), 18 U.S.C. App. 2, at 810 ................................. 5 Art. IV(a), 18 U.S.C. App. 2, at 811 ....................... passim Art. IV(c), 18 U.S.C. App. 2, at 811............................. 4, 12 Art. V, 18 U.S.C. App. 2, at 811......................................... 4 Judiciary Act of 1789, ch. 20, § 14, 1 Stat. 73 ................... 3, 17 18 U.S.C. 924(c)(1)(A) ........................................................... 2, 6 18 U.S.C. 924(j)(1) ..................................................................... 2 28 U.S.C. 2241(c)(5)................................................................... 3 Miscellaneous: Council of State Governments, Suggested State Leg- islation Program for 1957 (1956) ....................................... 14 Offices of the United States Attorneys, Department of Justice, United States Attorneys’ Manual, Title 9, Criminal Resource Manual, 534(E) (1997), http://www.justice.gov/usao/eousa/foia_reading_ room/usam/title9/crm00534.htm ......................................... 20 S. Rep. No. 00, 94th Cong., 1st Sess. 984 (1975).................. 14 S. Rep. No. 1356, 91st Cong., 2d Sess. 2 (1970)................... 14 H.R. Rep. No. 1018, 91st Cong., 2d Sess. 2 (1970) .............. 14 VI Miscellaneous—Continued: Page 3 William Blackstone, Commentaries on the Laws of England (1765-1769) .............................................................. 3 In the Supreme Court of the United States No. 12-223 LINCOLN D. CHAFEE, GOVERNOR OF RHODE ISLAND, PETITIONER v. UNITED STATES OF AMERICA, ET AL. No. 12-230 JASON WAYNE PLEAU, PETITIONER v. UNITED STATES OF AMERICA, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION OPINIONS BELOW The opinion of the en banc court of appeals (Pet. App. 1a-47a) is reported at 680 F.3d 1.1 The opinion of the district court (Pet. App. 83a-91a) is not published in the Federal Supplement but is available at 2011 WL 2605301. 1 All citations to “Pet. App.” are to the appendix in No. 12-223. (1) 2 JURISDICTION The judgment of the en banc court of appeals was en- tered on May 7, 2012. On July 27 and July 30, 2012, Justice Breyer extended the time within which to file petitions for a writ of certiorari to and including August 21, 2012, and the petitions were filed on that date. The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1). STATEMENT Jason Pleau, petitioner in No. 12-230, robbed and murdered David Main on the steps of a federally insured bank in Rhode Island. A federal grand jury in the Dis- trict of Rhode Island indicted Pleau on charges relating to the robbery and murder, including an offense punish- able by death. See 18 U.S.C. 924(c)(1)(A) and (j)(1); Pet. App. 3a-4a. At the time of the indictment, Pleau was in Rhode Island’s custody, facing charges of probation and parole violations. Pet. App. 4a. The United States lodged a detainer against Pleau and then sought custody of him from Rhode Island authorities by filing a written request under the Interstate Agreement on Detainers Act (IAD), Pub. L. No. 91-538, 84 Stat. 1397 (18 U.S.C. App. 2). Pet. App. 4a, 121a. Invoking Article IV(a) of the IAD, Lincoln Chafee, the Governor of Rhode Island and petitioner in No. 12-223, refused the request based on his opposition to capital punishment. Id. at 132a- 135a. The United States then sought custody of Pleau by asking the federal district court to issue a writ of habeas corpus ad prosequendum. Id. at 4a-5a. The district court granted the writ and ordered Pleau’s state custodian to deliver Pleau to the United States to an- swer the federal charges. Id. at 5a. Pleau sought to block his transfer, and the First Cir- cuit stayed the habeas writ pending review. Pet. App. 3 5a. Following oral argument, a panel granted the Gov- ernor’s motion to intervene and issued a writ of prohibi- tion barring the district court from enforcing the habeas writ. See ibid. On rehearing en banc, the court of ap- peals denied the
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