§ 4114. Return of transferred offenders
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/usc/title-18/section-4114A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon a final decision by the courts of the United States that the transfer of the offender to the United States was not in accordance with the treaty or the laws of the United States and ordering the offender released from serving the sentence in the United States the offender may be returned to the country from which he was transferred to complete the sentence if the country in which the sentence was imposed requests his return. The Attorney General shall notify the appropriate authority of the country which imposed the sentence, within ten days, of a final decision of a court of the United States ordering the offender released. The notification shall specify the time within which the sentencing country must request the return of the offender which shall be no longer than thirty days.
(b)A summons or a warrant shall be issued by the justice, judge or magistrate judge ordering the offender to appear or to be brought before the issuing authority. If the justice, judge, or magistrate judge finds that the person before him is the offender described in the complaint and that the facts alleged in the complaint are true, he shall issue a warrant for commitment of the offender to the custody of the Attorney General until surrender shall be made. The findings and a copy of all the testimony taken before him and of all documents introduced before him shall be transmitted to the Secretary of State, that a Return Warrant may issue upon the requisition of the proper authorities of the sentencing country, for the surrender of offender.
(c)A complaint referred to in subsection
(b)must be filed within sixty days from the date on which the decision ordering the release of the offender becomes final.
(d)An offender returned under this section shall be subject to the jurisdiction of the country to which he is returned for all purposes.
(e)The return of an offender shall be conditioned upon the offender being given credit toward service of the sentence for the time spent in the custody of or under the supervision of the United States.
(f)Sections 3186, 3188 through 3191, and 3195 of this title shall be applicable to the return of an offender under this section. However, an offender returned under this section shall not be deemed to have been extradited for any purpose.
(g)An offender whose return is sought pursuant to this section may be admitted to bail or be released on his own recognizance at any stage of the proceedings.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
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U.S. Code
5 references not yet in our index
- Pub. L. 95–144, § 1
- 91 Stat. 1219
- Pub. L. 101–650, title III, § 321
- 104 Stat. 5117
- section 321 of Pub. L. 101–650
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§ 4114
Return of transferred offenders
Stat.×1
Pub. L.Pub. L. 95–144, § 1
Stat.91 Stat. 1219
Pub. L.Pub. L. 101–650, title III, § 321
Stat.104 Stat. 5117
Pub. L.section 321 of Pub. L. 101–650
Cites 6Cited by 1 across 1 source