United States v. James Seeley Cyphers and James W. Ferro

I concur in the judgment and opinion of the Court in all respects with the exception of Part III, as to which I respectfully dissent, since I believe that Ferro’s failure to raise his claim under Article IV(e) of the Interstate Agreement on Detainers (the Agreement) until his supplemental brief on appeal — never in the district court — constituted a waiver under Fed.R.Crim.P. 12(f).

A claim founded on a violation of Article IV(e) of the Agreement stems from the government’s administrative treatment of the defendant after indictment and before trial. As such, it is a defense “based on defects…