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IAD Request Sent to AUSA Ineffective; Felon-in-Possession Charge Affirmed

By Shari Allison

United States v. Washington, ___ F.3d ___ , 2010 WL 611789 (10th Cir. 2010)1. Defendant?s pro se request for disposition of his federal charges under the Interstate Agreement on Detainers was ineffective because he sent it only to the US attorney (USA) and then to ATF (charge against him was felon in possession of firearm), and not to the appropriate district court. Although he sent the USA two requests, with one addressed to the ?department of justice, court? to the USA address (but USA was not same building as court) this was not good enough (surprise! USA did not forward the court the court?s copy). Fex v. Mich., 507 US 43 (1993) has no good faith exception when a third party negligently or maliciously fails to deliver. 2. Court of Appeals states that it does not adopt defense of fleeting possession (in spite of 10th Cir...continue to full post

Full post as published by Tenth Circuit Blog on February 24, 2010 (boomark / email).