United States v. John Mauro and John Fusco

I respectfully dissent for the reason that the writ of habeas corpus issued by the Eastern District of New York was not a “detainer” but a valid order pursuant to 28 U.S.C. § 2241(c)(5), a federal law which has not been repealed or modified by the Interstate Agreement on Detainers Act (“Detainers Act”). Article IV(e) of the Detainers Act, which requires dismissal where a prisoner produced under that Act is returned to the sending state without trial, therefore does not apply.

The majority, in my view, has failed to recognize and give effect to the significant functional and legal differences…